Friday, July 8, 2016

Wisconsin Right to Work Ruled Unconstitutional


The American Legislative Exchange Council (ALEC) is the corporate-backed, conservative-leaning organization that has become a bugaboo for liberals by pushing legislation to do everything from roll back environmental regulation to weaken gun control laws. ALEC, like lots of groups that work in state capitols, creates “model legislation” that friendly lawmakers can introduce in whole or as a basis for their own bills.

When Wisconsin Gov. Scott Walker came into office, he claimed that he had no interest in trying to get “Right to Work” laws passed. In fact, he and his fellow Republican Legislators introduced an ALEC inspired written bill making Wisconsin a Right to Work State. Since the bill was signed into law.

Wisconsin’s workforce has diminished by at least 10,000. Wisconsin is hemorrhaging jobs because Right to Work laws don’t have anything to do with generating living wage jobs, or much in the way of real work, at all. Three unions filed lawsuits against the bill, arguing that the law posed an unconstitutional seizure of union property, and on Friday they received some good news:

Dane County Circuit Judge William Foust agreed. He said the law amounts to the Government taking union funds without compensation since under the law they must represent people who don't pay dues. That presents an existential threat to unions, Foust wrote. "While (union) losses today could be characterized by some as minor, they are not isolated and the impact of (the law) over time is threatening to the unions' very economic viability," he wrote.

This judgement, calling the law unconstitutional on the grounds that it is an “existential threat,” could have some far-reaching ramifications in the many Republican-backed Legislatures. The importance of this ruling also means that there will be further appeals.

Attorney General Brad Schimel promised to appeal the decision and said he was confident it would not stand, noting that no similar law has been struck down in any other state. Schimel, also a Republican, has not decided whether to seek an immediate suspension of the ruling while the appeal is pending, spokesman Johnny Koremenos said.

"We are confident Wisconsin's freedom-to-work law is constitutional and will ultimately be upheld," Walker said.











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