Act 10 case likely headed to Wisconsin Supreme Court

(The Center Square) – Wisconsin’s Act 10, in its 15th year, was again upheld against a challenge in the Wisconsin Court of Appeals but will next likely head to the Wisconsin Supreme Court.

The Wisconsin Institute for Law and Liberty defended the law, which allows certain public employee non-union members to avoid union payments, called “fair share” payments.

WILL said that it is ready to make its case again when the law is challenged in front of the Wisconsin Supreme Court.

“WILL has fought to protect Act 10 since its enactment because of the substantial benefits provided to taxpayers and local governments,” WILL Deputy Counsel Lucas Vebber said in a statement. “For 15 years, various legal challenges have been unsuccessful, because ultimately this is a law signed by the Governor and passed by a duly elected legislature which meets all constitutional requirements. As this case likely heads to the Wisconsin Supreme Court, we stand ready to make the case once again.”

The current case was originally brought to the Dane County Circuit Court, which found that the law’s classifications of certain employees violated the Wisconsin Constitution’s equal protection clause, declaring that nearly all of the law was unconstitutional.

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WILL represents teacher Kristi Koschkee, who it says supports the Act 10 requirement that unions must recertify themselves annually through a vote requiring a majority of employees’ approval.

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