A law that drew massive protests and made Wisconsin the center of a national fight over union rights is back in court today, according to the Associated Press, facing a new challenge from teachers and public workers brought after the state’s Supreme Court flipped to liberal control.
The 2011 law, known as Act 10, imposed a near-total ban on collective bargaining for most public employees. If the latest lawsuit succeeds, all public sector workers who lost their collective bargaining power would have it restored. They would be treated the same as the police, firefighter, and other public safety unions who remain exempt.
Unions argue in court filings that the law is “fundamentally unequal,” irrational, and unconstitutional.
The Republican-controlled Legislature is asking for the case to be dismissed, arguing that “it has long been settled that Act 10 passes constitutional muster.” Dane County Circuit Judge Jakob Frost scheduled arguments on the motion to dismiss for Tuesday.
The Legislature also argues that the unions waited too long to bring the challenge, noting that the law has been in effect for nearly 13 years and survived state and federal court challenges.
The lawsuit says that exemptions for firefighters and other public safety workers are unconstitutional, similar to arguments made in an earlier case brought by teachers and Milwaukee public workers that was rejected in 2014 by the state Supreme Court.
The only change since the Wisconsin Supreme Court’s 2014 ruling is the makeup of the court, attorneys for the Legislature said in court filings. The court is controlled 4–3 by liberals, a flip from when it upheld the law a decade ago under 5–2 conservative control.
