Van Hollen Says Tuesday’s Decision Doesn’t Matter

MacIver News Service | March 15, 2013

[Madison, Wisc…] Wisconsin Attorney General J.B. Van Hollen says when he’s done, all of Act 10 will be upheld by a state appeals court, rendering a Dane County Judge’s decision against parts of the law inconsequential. In the mean time, Van Hollen has no plans to request a stay from the Wisconsin Supreme Court.

On September 14, 2012, Dane County Judge, Juan Colas declared that portions of Act 10 violated the unions’ constitutional right to free speech, association and equal protection. That decision was specifically aimed at Milwaukee and Madison unions, but unions all over the state then claimed it applied to them too.

Van Hollen sought a stay against that decision, which was ultimately denied by a state appeals court this past Tuesday. The stay was requested because he felt the decision would cause confusion among local municipalities about whether they had to follow the laws set out in Act 10.

“Under the circumstances, we’re content to focus on the merits and we look forward to a decision upholding Act 10 in its entirety, consistent with the prior ruling of United States Court of Appeals for the Seventh Judicial Circuit,” Van Hollen said in a press release Friday.

Labor Lawyer Lester Pines responded to Van Hollen’s statement by encouraging unions across the state to push through new contracts. He claims even if Act 10 is ultimately upheld, their contracts would still be valid.

For more information about the stay, see MacIver’s previous coverage here.