Friday, December 14, 2012

Oops..Heads Up Michigan Workers!

The Michigan Republicans were in such a hurry to pass their ALEC written "Right To Work" Law, they neglected to rewrite the part that just got it declared unconstitutional in Wisconsin; namely, exempting some unions from the laws provisions. The workers of Michigan may not need a referendum or force the exempt conservative Police and Fire Fighters Unions to abide by the law.

Wisconsin State Judge Holds Provisions of Anti-Union Act 10 Unconstitutional

A state judge has declared sections of the controversial 2011 Wisconsin Act 10 unconstitutional as violative of state constitutional provisions. This follows a federal district judge also declaring portions of Act 10 unconstitutional in March.
In September 14th's 27 page opinion in Madison Teachers Inc. v. Walker by state judge Juan Colas rejected the challenges based on the state constitutional provision limiting special sessions and the takings clause, as well as arguments that the controversy was nonjusticiable.
However, the judge found Act 10 violated the free speech, free association, and equal protection state constitutional protections, construing them as consistent with federal interpretations of the First and Fourteenth Amendments. Much of the judge's reasoning stressed that Wisconsin did not come forward with any arguments. The judge also found that there was a violation of the Wisconsin constitutional provision guaranteeing Milwaukee home rule.

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