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Appeals Court Reinstates Act 10, Sending Challenge to Wisconsin Supreme Court

The reversal keeps the 2011 collective-bargaining law in force and makes a soon-to-be 5-2 liberal state Supreme Court the likely final arbiter of the case.

Overview

  • On Wednesday, July 29, a three-judge panel of the Wisconsin Court of Appeals overturned a December 2024 Dane County ruling that had declared Act 10 unconstitutional, restoring the law at the appellate level.
  • The 2-1 decision, written by Judge Mark Gundrum with a dissent from Judge Lisa Neubauer, relied on prior state and federal rulings that have upheld portions of Act 10.
  • The lawsuit was filed by seven public-sector unions and three union leaders arguing that Act 10 creates unequal treatment by preserving bargaining rights for some public safety workers while excluding other similar workers, such as correctional officers and wardens.
  • Unions are expected to appeal the appeals-court ruling to the Wisconsin Supreme Court, which will likely decide the case after Justice-elect Chris Taylor joins next month and the court’s liberal majority grows to 5-2.
  • Act 10, enacted in 2011, sharply limited collective bargaining for most public employees, cut union power across the state, and remains politically charged because it reshaped pay, benefits, and the balance between local governments and public workers.