Monday, September 17, 2012

WI Attorney General To Appeal Judge Colas' Decision Declaring Portions Of Act 10 Unconstitutional

Portions of Act 10 provisions declared unconstitutional by Dane County Judge Juan Colas.

By H. Nelson Goodson
September 17, 2012

Madison, WI - On Saturday, Wisconsin Attorney General J.B. Van Hollen released a statement saying he will appeal Friday's decision by Dane County Circuit Court Branch 10, Judge Juan Colas that rendered parts of Act 10 unconstitutional. Judge Colas ruled that provisions, which eliminates most collective bargaining rights for local, county and school employees were unconstitutional. He upheld that Act 10 provisions limiting collective bargaining rights do apply for state employees only and not for local, county and school employees. The law violated their Constitutional right to free speech, free association and equal representation under the law, according to Colas' decision.
Following the decision by Judge Colas in the case of Madison Teachers, Inc., et al. v. Scott Walker, et al., which declared portions of Act 10 unconstitutional, Attorney General J.B. Van Hollen in a news release stated,  "We believe that Act 10 is constitutional in all respects and will be appealing this decision. We also will be seeking a stay of Friday's decision pending appeal in order to allow the law to continue in effect as it has for more than a year while the appellate courts address the legal issues."
Judge Colas would have to decide, if he would keep Act 10 in effect until the appeal process is resolved. The case could very well head to the state supreme court and could also end up in the U.S. Supreme Court because Judge Colas cited federal Constitutional violations.
The final decision could take months.

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