On Wisconsin?

All eyes are on the Badger State, where the public sector labor unions are asking the courts to overturn the reforms enacted under Governor Walker.

AP/Jeffrey Phelps
Pro-labor protesters inside the Wisconsin state capitol, February 22, 2011. AP/Jeffrey Phelps

One has to credit Wisconsin’s teachers unions for their persistence. They, along with other labor groups, are turning to the courts in an attempted end-run around the state legislature to reverse Governor Walker’s historic public sector union reforms. Those policies — enacted into law in 2011 — weakened the grip of the state’s public sector unions on local governments by, among other things, limiting their ability to engage in collective bargaining.

Mr. Walker’s win “changed the face of the state where public sector unions were born,” Wisconsin Public Radio later observed. In addition to saving taxpayers billions of dollars, Mr. Walker’s policy shift meant that “there are fewer union members, they carry less political clout, and those who remain are limited in what they can bargain for.” For those concerned about the influence wielded by teachers unions, Mr. Walker became an inspirational figure.

Yet the public sector unions — which briefly occupied Wisconsin’s state capitol to protest the legislation — did not take Mr. Walker’s, and the taxpayers’s, victory as the final word. The unions took to the courts, claiming, in part, that the law was unfair because it preserved collective bargaining rights for police and fire department unions. That argument failed to sway federal or state judges — including the members of Wisconsin’s Supreme Court.

There the matter rested until last summer, when the political complexion of the Badger State’s high court tilted to the left. The court now has a liberal majority for the first time in some 15 years, and, wouldn’t you know it, the public sector unions have taken a look around and noticed the “dire situation that exists in our workplaces.” In other words, they are salivating at the prospect of returning to their place at the taxpayer-funded trough.

Republicans caution that if the high court strikes down Mr. Walker’s law, known as Act 10, it “would bankrupt schools and local governments,” as the state assembly speaker, Robin Vos, puts it. He calls it “another attempt by liberal special interest groups to undo the law to please their donors now that there’s been a shift in the court.” Mr. Walker warns of “irreparable damage to our schools and to our counties and our local governments across the state.”

So far, though, the case is in the early innings, with a hearing scheduled in a county court next week. Whatever the result, it is likely to reach the state’s high court. The outcome there could be clouded by questions over recusal. Justice Janet Protasiewicz, whose victory last year gave the court a liberal majority, campaigned against Act 10 and says she might recuse herself. A conservative justice, meanwhile, helped draft the law but has not said whether he will recuse himself.

The attempt by Wisconsin’s public sector unions to restore their political clout — and pad their own wallets — comes amid a broader reckoning with the power of teachers unions, especially after the Covid pandemic. At that time, powerful education unions kept public schools closed long after there was any medical evidence supporting such moves. The damage to children’s learning and development proved catastrophic. The unions appear unapologetic.

In Missouri, a law similar to Act 10 was struck down by the state high court’s on grounds similar to the case being made by Wisconsin’s unions. If the high court at Madison follows suit, it will be a defeat for principles of conservative governance — and Badger State taxpayers. One could even foresee the unions demanding back pay for the years the law was in effect. Mr. Walker, from the political sidelines, laments: “I hope people will realize that’s what’s at stake.”


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