Workers of Wisconsin, Reunite
September 14, 2012 2:34 PM Subscribe
The very controversial anti-union Wisconsin Act 10 has been found unconstitutional. Among the reasons: "Without any evidence or argument that the infringement serves to prevent an evil in the operation of the bargaining system created by the statutes, the court must find the infringement to be excessive and to violate the constitutional rights of free speech and association." Madison Teachers, Inc. et. al v. Scott Walker, et. al.
Just a few Previously: 1, 2, 3, 4, 5, 6, 7.
Just a few Previously: 1, 2, 3, 4, 5, 6, 7.
This post was deleted for the following reason: A single link to a very dense legal opinion is not really the best way to present this issue, and if the legal opinion is by someone you know that is definitely not ok. -- restless_nomad
I have nothing constructive to add but naked cheerleading:
YAY!!
Between this and NDAA being struck down, it seems the Judicial is determined to do right, Executive and Legislative be damned.
posted by drjimmy11 at 2:38 PM on September 14, 2012 [1 favorite]
YAY!!
Between this and NDAA being struck down, it seems the Judicial is determined to do right, Executive and Legislative be damned.
posted by drjimmy11 at 2:38 PM on September 14, 2012 [1 favorite]
Would this be subject to review by the state Supreme Court?
posted by azpenguin at 2:39 PM on September 14, 2012
posted by azpenguin at 2:39 PM on September 14, 2012
Eat shit Walker!
posted by Chekhovian at 2:40 PM on September 14, 2012 [4 favorites]
posted by Chekhovian at 2:40 PM on September 14, 2012 [4 favorites]
Talking Points Memo is reporting that parts of the Anti-Union Law have been struck down as unconstitutional.
PDF to the full opinion, and Google Quickview for those w/o a PDF viewer installed.
posted by filthy light thief at 2:41 PM on September 14, 2012
PDF to the full opinion, and Google Quickview for those w/o a PDF viewer installed.
posted by filthy light thief at 2:41 PM on September 14, 2012
Note to any and all, the main link in the OP is to a Scribd version/viewer of the final decision.
posted by filthy light thief at 2:42 PM on September 14, 2012
posted by filthy light thief at 2:42 PM on September 14, 2012
Is this for real? Because it's not coming up in a Google News search.
posted by Brandon Blatcher at 2:43 PM on September 14, 2012
posted by Brandon Blatcher at 2:43 PM on September 14, 2012
There will be appeals, and there are still other lawsuits against the statute pending. Yes, parts were struck down. Parts were also not challenged under every theory. Some plaintiff theories were accepted, some rejected. The battle will continue.
posted by Muddler at 2:43 PM on September 14, 2012
posted by Muddler at 2:43 PM on September 14, 2012
Talking Points Memo is reporting that parts of the Anti-Union Law have been struck down as unconstitutional.
That link is dated March 30th, 2012. It's Sept 14th, so...uh?
posted by Brandon Blatcher at 2:44 PM on September 14, 2012
That link is dated March 30th, 2012. It's Sept 14th, so...uh?
posted by Brandon Blatcher at 2:44 PM on September 14, 2012
Damn, my links are back to the March ruling. Too hasty to pull other sources.
posted by filthy light thief at 2:45 PM on September 14, 2012
posted by filthy light thief at 2:45 PM on September 14, 2012
Brandon Blatcher - it is hot off the press, hence the link to the opinion on scribd that was uploaded by an attorney involved in the cases I know in WI. It will be a little while be for analysis pieces come into the news stream.
posted by Muddler at 2:46 PM on September 14, 2012
posted by Muddler at 2:46 PM on September 14, 2012
Maybe we should wait until there's more analysis? 'Cause a link to a 71 page legal opinion isn't very informative.
posted by Brandon Blatcher at 2:49 PM on September 14, 2012 [1 favorite]
posted by Brandon Blatcher at 2:49 PM on September 14, 2012 [1 favorite]
I really want to believe this is true... But it's also not showing up in a Google news search for Wisconsin Union Act 10.
posted by Ursula Hitler at 2:51 PM on September 14, 2012
posted by Ursula Hitler at 2:51 PM on September 14, 2012
Fingers crossed it's true.
posted by arcticseal at 2:51 PM on September 14, 2012
posted by arcticseal at 2:51 PM on September 14, 2012
Naked cheerleading is always welcomed.
*NSFW* (especially if your boss is anti-union)
posted by filthy light thief at 2:52 PM on September 14, 2012
*NSFW* (especially if your boss is anti-union)
posted by filthy light thief at 2:52 PM on September 14, 2012
Can I keep a single sock on, for decency?
posted by Brandon Blatcher at 2:55 PM on September 14, 2012
posted by Brandon Blatcher at 2:55 PM on September 14, 2012
I understand the concern about veracity.
Here is the official court docket. The opinion is not there, but this is the text entry:
1
09-14-2012
Decision and order
Colas, Juan B
Additional Text:
on motion for summary jmnt and motion for jmnt on pleadings: summary jmnt GRANTED in favor of pltffs, defts' motion for jmnt on pleadings DENIED. Wis Stats 66.0506, 118.245, 111.70(1)(f), 111.70(3g), 111.70(4)(mb) and 111.70(4)(d)3 are declared unconstitutional for violating US and Wisconsin constitutions, and 62.623 for violating Wisconsin constitution. all the above statutes are declared null and void.
posted by Muddler at 2:56 PM on September 14, 2012
Here is the official court docket. The opinion is not there, but this is the text entry:
1
09-14-2012
Decision and order
Colas, Juan B
Additional Text:
on motion for summary jmnt and motion for jmnt on pleadings: summary jmnt GRANTED in favor of pltffs, defts' motion for jmnt on pleadings DENIED. Wis Stats 66.0506, 118.245, 111.70(1)(f), 111.70(3g), 111.70(4)(mb) and 111.70(4)(d)3 are declared unconstitutional for violating US and Wisconsin constitutions, and 62.623 for violating Wisconsin constitution. all the above statutes are declared null and void.
posted by Muddler at 2:56 PM on September 14, 2012
A Wisconsin judge has struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.- AP via Politico
posted by goodnewsfortheinsane at 2:57 PM on September 14, 2012
So what does that make Walker's scorecard? So far as I can figure it, the only thing that he actually managed to get into place in his first year that hasn't been overturned or put on hold or held up in significant legal challenge was concealed carry, and even that didn't go entirely without trouble after he toyed around with removing any sort of training requirement, as I recall.
posted by Kyol at 2:58 PM on September 14, 2012
posted by Kyol at 2:58 PM on September 14, 2012
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posted by Thorzdad at 2:37 PM on September 14, 2012