What Happened: In July, as Wisconsinites prepared for the Fourth of July celebration, Dane County Judge Jacob Frost issued a decision in Abbotsford Education Association vs. WERC, another challenge to 2011 Act 10. In denying the Legislature’s motion to dismiss, the Court signaled a desire to strike “all of the collective bargaining changes in the Act” and in the process, established a framework for gutting rational basis review. This week, Judge Frost granted Plaintiffs’ Motion for Judgment on the Pleadings, effectively killing most of Act 10. The signature reform of the Walker era that has saved the state and local units of government close to $17 billion is at risk of being overturned by the state’s progressive judiciary.
What’s Next: The Legislature has signaled it is appealing the decision to the more friendly Waukesha-based District II Court of Appeals. A District II decision overturning Judge Frost’s decision could then be appealed to the Wisconsin Supreme Court, where certain members, such as Justice Protasiewicz, have already indicated a desire to overturn Act 10.