Tuesday, November 5, 2013

Act 10 Is Still Unconstitutional

In 2012, the Honorable Juan Colas ruled that parts of Scott Walker's landmark bombshell, Act 10, was unconstitutional.

Walker ignored the ruling.

Earlier this year, Judge Colas clarified his ruling, saying that the state could not enforce the law since it was unconstitutional.

Walker ignored this as well.

A few weeks ago, Judge Colas found Walker's labor commissioners to be in contempt of court because they weren't following the law.

In a panic to preserve the charade of Act 10, upon which Walker has hung his presidential aspirations, he asked the Appellate Court to overrule Judge Colas, or at least put an injunction on the ruling.

The Appellate Court made their ruling on Monday.  The answer was no:
The state Appeals Court on Monday kept in place for now a ruling finding Gov. Scott Walker's labor commissioners in contempt of court.

The ruling by the District 4 Court of Appeals in Madison means that, at least for the time being, the Wisconsin Employment Relations Commission cannot enforce aspects of Act 10, the 2011 law by Walker that greatly restricted the ability of public workers to engage in union activities.
Now the focus will be on the Supreme Court, which will hear oral arguments on this case next Monday. Obviously, Walker and his ALEC sponsors are counting on David "Chokehold" Prosser to once again ignore the law and the constitution and to vote based on campaign contributions.

But it should be noted that constitutional experts like Ed Fallone have shown why Colas' ruling should stand.


  1. scott walker should b drawn & quartered for the damage he & his co-harts have done to the great state of wisconsin

  2. I wish Ed were hearing the case instead of just commenting on it. He would have been a great Wisconsin Supreme Court justice. And, I guess, still could be if he chooses to run again, though given the lack of political and financial support for his first bid I can't see why he would want to.

  3. Ed will never win a state-wide election nor does he actually want too -- he has it pretty good at marquette and enjoys the cottage industry he maintains telling everyone what judges should decide.

    But, in the end, he won't step up to the plate outside of being a candidate that is known to already have made up his mind on most of the issues of the day -- this will essentially disqualify him.