Dane County judge strikes down key parts of Act 10, restoring public union bargaining rights

MADISON, Wis. (CBS 58) -- A Dane County judge ruled Monday a Wisconsin law that barred public worker unions from collectively bargaining was unconstitutional, and he rejected the Republican-controlled Legislature's request to redefine a key distinction within the law.

The law, Act 10, was a signature achievement for former Gov. Scott Walker and Republicans shortly after taking full control of state government in 2011. The law put restrictions on what public employee unions are able to negotiate with government agencies.

Act 10 applied to most government workers, but it made an exception for police and fire unions. The law allowed "public safety employees" to keep their bargaining rights while taking them away from general public workers.

Dane County Circuit Court Judge Jacob Frost ruled in July that distinction violated the state constitution. In his ruling Monday, Frost rejected the Legislature's effort to have Frost only strike down the law's definition of "public safety employee" while keeping the distinction itself in place.

"Act 10 as written by the Legislature specifically and narrowly defines 'public safety employee.' It is that definition which is unconstitutional," Frost wrote. "The Legislature cites no precedent for this bold argument that I should simply strike the unlawful definition but leave it to an agency and the courts to later define as they see fit."

Republican legislative leaders vowed Monday they will appeal Frost's ruling. Both Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu noted past challenges to Act 10 were unsuccessful.

“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges," Vos said in a statement. "Act 10 has saved Wisconsin taxpayers more than $16 billion. We look forward to presenting our arguments on appeal.”

With a liberal majority on the Wisconsin Supreme Court after the 2023 election of Justice Janet Protasiewicz, the state's highest court now would appear likely to uphold Frost's ruling. The case puts even more attention on the spring 2025 Supreme Court election between conservative Brad Schimel and progressive Susan Crawford, which will once again determine the balance of the court.