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Wisconsin Right to Work law reinstated, for now

Wisconsin Right to Work law reinstated, for now

Heading to the Wisconsin Supreme Court, where conservatives hold 5-2 majority

Because I have been traveling, I’m late to this important development.

In early April we reported how a State court judge throws out Wisconsin Right to Work Law in an absurd decision:

When conservative Justice Rebecca Bradley won the Wisconsin Supreme Court election last Tuesday, we pointed out how important that court has been in upholding union reforms.

That may be tested again as Dane County Judge William Foust in Madison just threw out the state’s Right to Work law signed by Governor Walker a year ago.

The decision was under the “takings” clause of the Wisconsin Constitution. As in an eminent domain case, the court found that the union’s interest in compulsory dues payments was property, that the property was taken by the right to work law for a public purpose, but without just compensation….

The notion that a union has a property right in forcing employees to pay union dues against their will is odd, at best. That “property” right only was created by legislation, and now that legislation has been changed. Such a right would, contrary to the Judge, amount to a right to a legislative freeze.

Earlier this week the Wisconsin Court of Appeals issued a stay of the lower court’s order, meaning the Right to Work law still is operative. (h/t Ed Morrissey)

The Milwaukee Journal Sentinal reported:

The ruling was issued by Lisa K. Stark, the presiding judge for the District 3 Court of Appeals in Wausau….

Stark, in her five-page order, concluded the lower court overstepped its bounds in not putting its ruling on hold. The record, she said, did not indicate the unions would suffer substantial harm if the law stayed in effect while on appeal. She said “there is sufficient likelihood” that the law will eventually be upheld….

The case will likely end up at the state Supreme Court, which conservatives control by a 5-2 margin.

Note that last sentence.

Judges matter, and in jurisdictions where judges are elected, elections matter.


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I really wanted Gov. Walker for president. Perhaps there is more need of him, at home.

    DaMav in reply to Valerie. | May 27, 2016 at 10:56 pm

    He was my initial choice a year ago. He has an unmatched track record of standing up to union corruption and abuse. He will be good wherever he is. I’d love to see the mass freakout if he were appointed Labor Secretary, though I don’t think that’s likely.

    Gremlin1974 in reply to Valerie. | May 28, 2016 at 2:28 am

    Seems to me that Senator Walker would be a good next step for him, since the Junior Senator from LA seems to leave something to be desired.

You dues are property? Stolen property maybe. When I was young and dumb, I was a union member for a short period, but soon learned that I have made a terrible mistake.

Somebody tell me again why this man isn’t going to be president… Oh yeah. Well, you know what they say. Hell is perfect knowledge of what could have been.

Xenomethean | May 28, 2016 at 12:01 am

I admit unions had their place at one time but they are outdated and no longer needed. I do not support them, and I do not support the Democrats. I will forever be anti-union!