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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