The Wisconsin Court of Appeals unanimously ruled to deny a stay on a lower court’s ruling that some portions of Gov. Scott Walker’s controversial Act 10 legislation, which limited public workers’ collective bargaining rights, are unconstitutional.
Judge Juan Colas, who sits on the Dane County Circuit Court ruled in a September 2012 decision that certain portions of Act 10 were unconstitutional, including those pertaining to workers’ rights to collectively bargain over wages and workplace safety.
The recent ruling prohibits the state from enforcing the portions of the law deemed unconstitutional until a final decision is made in the appeals process. However, the state can continue to fully enforce the parts of Act 10 not deemed unconstitutional.
The state, which is listed as the defendant in the case, initially filed for the stay to avoid confusion on which portions of the law were still enforceable in Wisconsin. The stay would have allowed the state to fully enforcing Act 10’s provisions until the lengthy court process concludes.
