State lawyers filed a motion Thursday, asking a state appeals court to allow Wisconsin’s collective bargaining law to remain in effect while it is being reviewed.
Dane County Circuit Judge Juan B. Colas suspended Act 10 on the grounds it violates both state and federal freedom of speech and freedom of association guarantees as well as the equal protection clause.
According to a statement released by Attorney General J.B. Van Hollen, the motion argues the decision by Colas is likely to be overturned on appeal. Additionally, it argues Act 10 needs to remain in effect while it is under review to avoid confusion surrounding local governments use of the laws.
“We believe Act 10 is constitutional, and we’ll ultimately prevail in defense of those parts declared unlawful,” Van Hollen said in the statement. “It’s important a stay is granted to avoid confusion while the appellate process moves forward.”
Colas said the state has not shown a clear reason to keep Act 10 in effect while the court is reviewing it.
Jay Heck, executive director of Common Cause Wisconsin, said while the court’s decision in the outcome of this case is unpredictable at this time, it will be incredibly important for the State of Wisconsin.
Heck said if the court rules in Colas’ favor, many of the restrictions involving collective bargaining rights put into effect in 2011 would be lifted.
“This would certainly be a tremendous blow to Scott Walker as this is the centerpiece of his administration,” Heck said. “It would be a great victory for those who believe collective bargaining rights should be upheld.”
Van Hollen’s motion to ask Act 10 remain in effect while it is being reviewed is not surprising, Heck said. He said Van Hollen believes legislature has the power to pass restrictions regarding collective bargaining rights and wants Act 10 to be upheld.
Heck said there would be a lot of people who would feel justice was served if the court decided in Colas’ favor, but opinion is mixed at this time regarding the future of Act 10.