(MADISON, Wis. (AP) — A Wisconsin judge has struck down nearly all of the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.
...

The law, a crowning achievement for Walker that made him a national conservative star, took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

Dane County Circuit Judge Juan Colas ruled that the law violates both the state and U.S. Constitution and is null and void.

In his 27-page ruling, the judge said sections of the law "single out and encumber the rights of those employees who choose union membership and representation solely because of that association and therefore infringe upon the rights of free speech and association guaranteed by both the Wisconsin and United States Constitutions."

Colas also said the law violates the equal protection clause by creating separate classes of workers who are treated differently and unequally.

The ruling applies to all local public workers affected by the law, including teachers and city and county government employees, but not those who work for the state. They were not a party to the lawsuit, which was brought by a Madison teachers union and a Milwaukee public workers union.
...

Walker's law, passed in March 2011, only allowed for collective bargaining on wage increases no greater than the rate of inflation. All other issues, including workplace safety, vacation, health benefits, could no longer be bargained for.
...

The law required public workers to pay more for their health insurance and pension benefits at the same time it took away their ability to collectively bargain over those issues. Walker argued the changes were needed to help state and local governments save money at a time Wisconsin faced a $3 billion budget shortfall.
...

The lawsuit was among several filed against the law.

A coalition of unions filed a federal lawsuit in Madison in June 2011, arguing that the law violated the U.S. Constitution's equal protection clause because it exempted firefighters and police officers. A federal just upheld most of the law in March, but the rulings are under appeal.

Another lawsuit was filed in July 2011 by two unions representing about 2,700 public workers in Madison and Dane County. They also challenged the law on equal protection grounds. The case is pending.
....

http://www.thewheelerreport.com/releases/September12/0914/0914mtivwalker.pdf [/color][/size]

Good to see some support for this in the judiciary even if it is at a lower level. Judging from the replies to your post, there's the expected huge groundswell of support for this from the progressive crowd. Buehler? Buehler? Anyone?

Unions are so awesome.

So are the black robes.

going from (what's left of my) memory of what I read at the time...though very popular in some circles, Walker's statements and releases had mucho inflammatory and incorrect info that swayed public opinion greatly, intentionally creating an "us vs them" mentality...like that pensions for teachers were an unaffordable luxury burden on the taxpayers that "regular folks" in the private sector would never get.

In fact, they were self funded. Makes sense to me, as my wife's retirement from a lifetime in the public school system will be self funded as well. Huge waste of mouth frothing.

But the investments were bungled by those in Wisc. state office, reducing the pool substantially. Pretty sure taxpayers only paid for teachers that way out-lived "projected" life expectancy in any event. So not quite the budget busting back breaker Walker rode in on. And that's why it looked to many as though his intentions were to bust unions, not really to cure budget ills at all, but to cast blame where it did not belong to keep folks off the real cause, government mismanagement, which was the responsibility of him and those before him regardless of party affiliation.

If you insist on source, I ain't going back, but much of this came from Forbes and Forbes related blogging, not exactly a commie rag normally. It's possible I read bogus info from them, I don't really know how Forbes is regarded here, not a devotee anyway, but I buy it, and I paraphrased from recall. So don't kill the messenger, or kill the messenger, whatever.

Neither libs nor cons can always be right or always be wrong.

The Federal Courts will uphold it,,,

Communism never prospers...

The Feds are going to start ruling on State cases now?

when it is appealed...

Um ok.

Never mind that silliness.

These case will highly likely be bound together because their relevant facts and the underlying law(s) at question are so closely inter-twined. It is all pretty much just fundamental questions of law, which will "rocket" the case to the SCOTUS.

With so many different alleged grounds for constitutional challenge, this law likely won't stay intact. My prediction is that we will even see some of the most "conservative" members of the court arguing to strike it in part or whole by multiple differing Concurrences.

I think there is a real good chance our grand children and their progeny will be reading about this case in their history books like we read about the worker/employer rights cases of the industrial revolution and in the early 20th century.In a classical constitutional history-sense (not just a line of Opinions), this is a huge one..

Devil's Advocate:

If there is any communism to be alleged here, doesn't it involve state government, the classic "state" in Economic and Political terms if you will, that has taken away access to property rights of certain classes of workers- in terms of "pay"?

Gov. Scott Walker seems like a real POS. Taking away the right of the people to bargain collectedly is true class warfare. Of course, the war has been going on for a long time.

But I’m sure he is backed by those that see demands for civil liberty as Communism.

Colletive bargaining by one gov't beurocrocy by another gov't beurocracy isn't a civil liberty.

It's tax payers getting PHUKED.

What did FDR (that conservative) say about public employees and collective bargaining?

NOBODY IS BARGAINING FOR THE TAXPAYERS.

- I don’t know what he said either.




But I say all workers should have the right to collective bargaining – Who employs them is immaterial. It is supposed to me one of our freedoms. You remember freedom – ya’know, before the Patriot Act?

Bargain yes.

Point of a gun not so much.

Is there really anyone that thinks public school teachers are being paid too much? As Americans, do we need laws to protect us from the shameless profiteering of the teachers union?

Where are the public workers who are pointing a gun at us and extorting unreasonably high wages?

In Wisconsin, it wasn't about pay in my opinion. It was about benefits. Fully funded pensions, and 100% paid insurance. All this on the taxpayers dime, while the taxpayer has to pay into their own pensions, because no one else will, and absorb increases in health insurance costs.

Funniest thing about the insurance is the health plan teachers used? was run by the teacher's union. Seems a bit fishy to me.

^ yup.

Brewha. Pay AND BENEFITS are a total cost.


Add that together.


Now as their cost has RISIN and the quality of education has diminished coupled with those awesome selfless teachers trying to LIMIT parent choice. Yes. I do think they're overpayed.

Here in Oregon the average teacher cost per year FAR AND AWAY blows away the average salary of private sector folks. And their retirement is garunteed 8% growth! And lifetime health bennies.

Absolutely ! Here in NY their pensions managed by the unions are guaranteed, meaning when they lose value tax dollars are used to make up the difference so they never lose a dime. Quite a deal ! Boob jobs, lipo all the vanity crap is still included in their healthcare plan, they refuse to take a cut. Must be they have to look good for the children.

They demand smaller class sizes year after year which only means more teachers and more union power. In a sense anytime cuts are proposed they (the teachers unions) are holding a knife to the throat of the taxpayer and the politicians allow them to slice a bit deeper.

there are school districts in Wisconsin where if teachers who are retired work 3 (three) days, they are paid for an entire year.