The Dane County Circuit Court has struck down significant provisions of Act 10, the landmark collective bargaining reform legislation signed by Governor Scott Walker in 2011. The decision, issued by a judge who previously signed the Walker recall petition, has drawn sharp criticism from conservatives and advocacy groups like the Wisconsin Institute for Law & Liberty (WILL).

Rick Esenberg, WILL’s President and General Counsel, called the ruling a deviation from established legal precedent. “Act 10 was upheld in multiple cases. Today’s decision is based on reasoning that was rejected by federal courts years ago and departs from the way Wisconsin courts have handled equal protection cases. It substitutes the judgment of the court for that reached by the legislature,” Esenberg said. He warned that the ruling could undermine legislative authority and saddle taxpayers with billions in new costs.

According to WILL, reinstating pre-Act 10 collective bargaining terms would result in $1.1 billion in additional annual costs for school districts and over $480 million for local governments. The increases stem from anticipated rises in employee pay, healthcare, and retirement benefits. Local officials have expressed concern over the potential impacts on public services, with some warning of cuts to critical programs if the ruling is upheld.

Since its enactment, Act 10 has been a political lightning rod in Wisconsin. While union membership among public employees has plummeted, studies by WILL suggest that the reforms brought about greater budgetary flexibility and modest student achievement gains in districts that adopted creative pay structures. Local governments have praised the law over a decade given the way thew law has shaped their ability to manage their budgets. 

WILL, founded partly in response to legal challenges against Act 10, vowed to appeal the ruling. The organization has consistently defended the law, emphasizing its role in stabilizing public finances and expanding employee choice. Esenberg’s remarks highlight concerns over judicial activism, and legislating from the bench. 

The case advances to higher courts, as Wisconsin is gearing up for a hotly contested Supreme Court election that will decide the balance of the court. Former Attorney General and Waukesha Judge, Brad Schimel is the conservative in the race and Susan Crawford, a progressive Dane County Judge are the expected contenders in the February Primary and April general election. 

This ruling serves as a flashpoint over fiscal responsibility, legislative authority, judicial activism and the role of unions in public employment.