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AG won't seek stay of Act 10 ruling from Wisconsin Supreme Court


MADISON, WI (WTAQ) - Wisconsin’s attorney general says he will not ask the State Supreme Court to temporarily reinstate part of the Act 10 limits on public union bargaining.

An appeals court ordered this week that an earlier ruling from a Dane County judge stay in place, while the appellate panel considers the merits of that ruling.

Judge Juan Colas said last fall that most of Act 10 is unconstitutional as it applies to public school and local government employees. But there’s been confusion on whether the ruling applied to school and local workers statewide – or only to unions in Madison and Milwaukee which brought the legal challenge in the first place.

Attorney General J.B. Van Hollen says he’s certain that only the two cities are affected – so he’ll work on arguing that the state courts should bring back the entire Act 10. 

Van Hollen says he’s confident that the state courts will find the complete law constitutional, just like a federal appeals court did in January.


Attorney General J.B. Van Hollen's comments from a press release March 15th, 2013:

 “We asked for a stay because of our concern that municipal employers and others would misconstrue Judge Colas’s order as something that would prevent them from following Act 10.  While the Court of Appeals denied our motion for a stay, it also was very clear that Judge Colas’s order does not have statewide application and does not apply to any non-parties.  Under the circumstances, we’re content to focus on the merits and we look forward to a decision upholding Act 10 in its entirety, consistent with the prior ruling of United States Court of Appeals for the Seventh Judicial Circuit.”