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Tuesday, June 14, 2011

Wisconsin Union Law to Take Effect


Republican Wisconsin Gov. Scott Walker talks to the media at the State Capitol in Madison

The Wisconsin Supreme Court cleared the way Tuesday for the state's contentious collective-bargaining law to take effect, ruling 4-3 that a lower-court judge who put the measure on hold improperly interfered with the legislature.

The law eliminates nearly all collective-bargaining rights for most of the state's public employees. The workers will have to contribute more out of their paychecks for their health insurance and pensions, and it will become tougher for unions to retain members.

Fourteen Democratic state senators fled Wisconsin for three weeks this spring in an ultimately unsuccessful effort to block the measure, and thousands of protesters came to the capitol in Madison to oppose it.

Republican Gov. Scott Walker said the measure was needed to help tackle the state's budget deficit and give local governments needed flexibility. Democrats said it was an attack on unions.

GOP legislators passed the bill, and Mr. Walker signed it March 11.

Dane County District Attorney Ismael Ozanne, a Democrat, sued to block the law from taking effect, arguing the state open-meetings law was violated when the Republican leaders moved the bill through committee without giving a 24-hour public notice. A circuit-court judge sided with Mr. Ozanne, issuing a permanent injunction May 27 barring the law from taking effect.

Tuesday's opinion, signed by three of the Supreme Court's seven justices, said the circuit-court judge, Maryann Sumi, exceeded her authority. The justices wrote, "One of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature."

Justice David Prosser, who narrowly survived a re-election battle in April that became a referendum on the collective-bargaining law and Mr. Walker's policies, issued a separate concurring opinion.

The court's remaining three justices concurred in part and dissented in part.

Although the justices are chosen in nonpartisan elections, the court is generally considered to be split 4-3 in favor of conservatives.

The Supreme Court heard oral arguments on the case June 6.

Mr. Walker said in a statement, "The Supreme Court's ruling provides our state the opportunity to move forward together and focus on getting Wisconsin working again."

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