In his decision last Friday striking down portions of Wisconsin Gov. Scott Walker's collective bargaining reform law, Dane County Judge Juan Colas held that the law infringes on public workers' rights to free speech and freedom of association and also violates their right to equal protection under the law. Not surprisingly, Wisconsin Attorney General J.B. Van Hollen is fighting this ruling. So what's likely to happen next? Here's The Milwaukee Journal Sentinel reporting on the case:
Van Hollen said Monday he believed the decision would be overturned on appeal and that it should be stayed until an appellate court rules on it.
"His ruling very clearly states that collective bargaining is not a constitutional right," Van Hollen said. "And yet he struck down this law based up on a circuitous argument that reducing collective bargaining was a violation of the constitution—very inconsistent arguments based up on what we believe is a misapplication of the law and a misapplication of what powers the state has to limit collective bargaining and what powers they don't have under the constitution."…
Van Hollen has the ability to try to get the case before the Wisconsin Supreme Court, which ruled 4-3 last year in his favor on the open meetings challenge to Act 10. Van Hollen said any rulings on a stay would play a large role in deciding whether to quickly get the case to the Supreme Court.