Wisconsin Supreme Court Upholds Act 10 in It's Entirety

The Wisconsin Supreme Court in a 5-2 Decision Upheld Act 10 in it's decision released today.

Justice Gableman wrote the Majority Opinion:

"We now uphold Act 10 in its entirety."

 

The plaintiffs have insisted at every stage of litigation in this case that they are not arguing a constitutional right exists to collectively bargain.  It is evident, however, that they really are, for without such a constitutional right, their challenge fails.  The plaintiffs' reliance on Lawson hinges on the defendants conditioning the receipt of a benefit on the relinquishment of a constitutional right, but as the plaintiffs acknowledge, collective bargaining——no matter the specific statutory limitations at issue——is not constitutionally protected.