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“De-Koched”: Scott Walker’s Anti-Union Law Struck Down As Unconstitutional

A Dane County judge has ruled that the anti-collective bargaining law championed by Governor Scott Walker—legislation that would ultimately lead to the failed effort to recall the controversial Wisconsin governor—is unconstitutional under both the Wisconsin and United States Constitutions.

While the news will, no doubt, bolster the spirits of Wisconsin unions fighting to regain their collective bargaining rights, they should not allow their hopes to get too high.

The case will, inevitably, end up in the Wisconsin Supreme Court where that highly partisan and political body—with the majority firmly in the camp of Governor Walker—is almost a sure bet to overrule the lower rule’s decision.

In the meantime, the impact of the ruling on existing union agreements remains unclear.

While the unions will seek to have the court’s decision take effect immediately, thus clearing the way to a return to the collective bargaining table in the state, the Walker administration will surely seek a stay pending review by the highest court in the state.

In response to the ruling, Governor Scott Walker issued a statement accusing Judge Juan Colas of being a “liberal activist” who “wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor. We are confident that the state will ultimately prevail in the appeals process.”

Wisconsin Assembly Minority Leader, Peter Barca responded by saying, “This decision will help re-establish the balance between employees and their employers.”

We’ll see.

By: Rick Ungar, Op-Ed Contributor, Forbes, September 14, 2012

September 15, 2012 Posted by raemd95 | Collective Bargaining | Anti-Labor, Democracy, Juan Colas, Peter Barco, Politics, Scott Walker, Unions, Wisconsin, Wisconsin Supreme Court | 1 Comment