Wisconsin Act 10; Dane County judge strikes parts of law

MADISON, Wis. - A Dane County judge struck down on Monday, Dec. 2 parts of Act 10, a Wisconsin law that placed limits on government workers’ unions.

The judge already ruled in July that the law broke the Wisconsin Constitution. Now on Dec. 2, 2024, Judge Jacob Frost released his decision laying out what parts of Act 10 should be struck as unconstitutional.

"This gets to the heart of the Court’s July Decision –the unconstitutional creation of the "public safety employee" group and differential treatment of it without a rational basis – so I strike these sections," Frost wrote in the new decision.

What is Act 10?

Act 10 put major limits on government workers' collective bargaining – they could negotiate pay raises up to the rate of inflation. The law exempted police and fire unions from that restriction. The new lawsuit says the distinction between groups violates the state constitution's equal protection clause. 

Back in 2011, protesters packed the state capitol – fighting Act 10. At one point, Wisconsin Democratic senators fled the state to block a quorum needed to vote. Despite the calls to "kill the bill," then-Gov. Scott Walker in 2011 signed Act 10 into law, which has had a lasting impact on Wisconsin.

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The law also made cuts to state and local government workers' take-home pay. That is because it required them to pay more for their pensions and health care. 

Assembly Speaker Robin Vos said Act 10 saved taxpayers $16.8 billion. Union members say the law is taking a toll – creating low pay and staffing shortages. 

Reaction

Assembly Speaker Robin Vos (R-Rochester) 

"This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges. Act 10 has saved Wisconsin taxpayers more than $16 billion. We look forward to presenting our arguments on appeal."

State Rep. Ryan Clancy (D-19)

"I was a teacher in Milwaukee Public Schools during Act 10 thirteen years ago. I saw firsthand the negative impact that the lack of collective bargaining had not only on our profession of teaching but also the schools, students, and our communities.

"I am thrilled that the decision of Judge Jacob Frost will restore power to workers and the larger community. This is a crucial step to ensuring that every Wisconsin worker has access to fair and equitable working conditions. I will continue to stand in solidarity with labor."

Wisconsin Manufacturers & Commerce (WMC) President & CEO Kurt Bauer

"This ruling is wrong on its face and is inconsistent with the law. 

"Act 10 is not only constitutional, it is a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings. Thanks to Act 10, the state, local governments and countless school districts have saved billions and billions of dollars – protecting Wisconsinites from massive tax increases over the last decade-plus.

"WMC and our members hope this ruling will be appealed and that Act 10 will be reinstated as quickly as possible."

Wisconsin AFL-CIO President Stephanie Bloomingdale

"Nearly 14 years after Scott Walker in his own words "dropped the bomb" on Wisconsin public employees, Wisconsin workers can celebrate as the judicial branch restores collective bargaining rights to public employees in Wisconsin. Declaring Scott Walker’s union-busting Act 10 unconstitutional and void, over 60 sections of the 2011 anti-union law have now been struck down.

"Act 10 has done great harm to working people in our state and has done great damage to the public services our families depend on every day. It has lowered wages and led to staff shortages and long-term vacancies in key public service positions. Working families in Wisconsin will greatly benefit from the restoration of collective bargaining rights. Restoring union freedoms to Wisconsin workers will strengthen Wisconsin’s middle class, lift up the voices of workers, and lead to better public services for our communities.

"Working people in Wisconsin will head into 2025 with a renewed sense of solidarity and a reinvigorated commitment to union organizing so that every worker who wants to be in a union can freely do so. It’s time to turn the page on the dark days of Scott Walker’s union-busting and move forward together with full worker freedoms and union rights for all in Wisconsin.

State Senate Majority Leader Devin LeMahieu (R-Oostburg)

"For over a decade, liberal activists have attacked reforms that have saved Wisconsin taxpayers tens of billions of dollars. Despite Act 10 being upheld repeatedly by state and federal courts, an activist Dane County judge decided to issue a ruling suddenly deciding Wisconsin's law is unconstitutional. We will appeal this decision immediately."

Democratic Party of Wisconsin Chair Ben Wikler

"Today’s ruling marks an important victory for working people in Wisconsin, and affirms what’s long been clear—Scott Walker’s attack on public employees was not just a national disgrace, it was unconstitutional. With this decision, working families will once again have the right to organize—a right stripped away by Scott Walker’s ‘divide and conquer’ strategy that pitted working Wisconsinites against each other to the benefit of wealthy special interests."

State Senator Rachael Cabral-Guevara (R-Fox Crossing)

"Today, an activist Dane County judge overstepped his role and unilaterally struck down Act 10 because it didn’t align with his politics. 

"Time and again Act 10 has passed constitutional muster. One judge, appointed by the current governor, acting like a super-legislature is about to bankrupt local governments and school districts across Wisconsin. Let’s be clear: hardworking families will now have to foot the bill for the possible billion-dollar budget holes created by one Tony Evers appointed judge."

Rick Esenberg, WILL President and General Counsel

"Act 10 was upheld in multiple cases. Today’s decision is based on reasoning that was rejected by the federal courts years ago and departs from the way in which Wisconsin courts have handled equal protection cases. It substitutes the judgment of the court for that reached by the legislature. Not only does his put taxpayers back on the hook for billions of dollars, it opens the door to allow judges – whether they be liberal, conservative or otherwise – to undermine the legislative process."  

A Better Wisconsin Together Deputy Director Mike Browne

"Our state courts are here to protect our rights and freedoms as Wisconsinites, and that’s exactly what this ruling is about.

"In Wisconsin, most of us can agree that the people who teach our kids, take care of us in hospitals and nursing homes, plow our streets, and protect our safety ought to have the freedom to have a say in their working conditions and negotiate fair wages and benefits.

"But Republican leaders aren’t like most Wisconsinites. For decades they have pushed an agenda that meant Wisconsin workers weren’t all afforded the same rights at work, putting their own partisan interests above what’s best for Wisconsin families.

"We applaud today’s ruling as a win for workers’ rights and as proof that when we come together to ensure our courts and elected leaders are working on behalf of our rights and freedoms instead of partisan antics, we can accomplish great things."