Act 10 in Legal Limbo

The Wisconsin Department of Justice (DOJ) has filed a Motion to Stay Dane County Circuit Judge Juan Colas’s decision, which declared portions of 2011 Wis. Act 10 unconstitutional, with the Wisconsin Court of Appeals, District IV. The motion requests that the Circuit Court decision be stayed pending an appeal to the Wisconsin Court of Appeals.

The motion, which was filed days after Colas denied the state’s original request for a stay, argues that Colas’s September 14 decision is likely to be overturned on appeal, and that a stay is needed to avoid confusion and to avoid other harm that might result if local governments are not able to take full advantage of Act 10 while an appeal is pending. The supporting memorandum of law argues that the circuit court failed to fully and properly consider the factors that support the appropriateness of a stay pending appeal in this litigation.

Regarding the motion, Attorney General J.B. Van Hollen remarked, “We believe Act 10 is constitutional, and that we’ll ultimately prevail in defense of those parts declared unlawful. In the meantime, it’s important a stay is granted to avoid confusion while the appellate process moves forward.”

The case is Madison Teachers, Inc., et al. v. Scott Walker, et al.
 

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