Attorney General Brad Schimel filed a motion for an emergency stay for the right-to-work law in the Wisconsin Court of Appeals District III Friday.
Dane County Judge William Foust struck down the right-to-work law, calling it “unconstitutional” on April 8 and permanently prohibited all parts of the state from upholding any part of the law April 15. He said in a statement that the law takes private property from labor unions without fair compensation. Schimel filed an April 18 motion against Foust’s ruling. Foust struck down this motion April 25.
Mike Wagner, University of Wisconsin school of journalism and mass communication associate professor, said appealing to the Court of Appeals District III was the expected next step for Schimel. He said if Schimel is unsuccessful here, he will most likely appeal to Wisconsin’s Supreme Court.
Wagner said people who are anti-right-to-work might also try appealing to the state Supreme Court to have the law repealed completely.
“Whichever way Schimel’s appeal goes, the other side [anti-right-to-work] will surely appeal to the upper courts themselves,” Wagner said.
Schimel said in a statement that Foust’s decision to strike down the right-to-work law has created “considerable confusion” about it. But Schimel is still hopeful about the law’s fate in Wisconsin.
Schimel hinted that he will continue to push for a stay on Foust’s decision.
“I remain confident that, similar to the 25 other state right-to-work laws, Wisconsin’s law will be found constitutional,” Schimel said.
Wisconsin’s Court of Appeals District III will review the motion for an emergency stay at a later date.
