Boots & Sabers

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0936, 09 Apr 16

Dane County Judge Strikes Down Right to Work Law

I almost laughed when I read this. This ruling won’t withstand appeal.

A Dane County judge has struck down the state’s right-to-work law, ruling unions have property rights to collect fees for the services they provide to union members and nonmembers alike.

Judge William Foust issued the 15-page ruling on Friday, about a year after the law took effect.

The law prohibits unions and employers from entering agreements that require all employees to pay fees to a union, either in the form of membership dues or “fair-share” payments for those who opt out of joining a union but are still represented by it.

A group of private-sector unions sued the state, arguing state and federal law require unions to provide collective bargaining services to all employees in a represented workplace, regardless of whether they pay union dues. That made the state’s right-to-work law an illegal “taking” of their services, they argued.

There are two somewhat interesting things of note. First, we see again what has become the MO for Republican legislation in Wisconsin. After being duly passed into law, the liberals sue, a Dane County judge calls the law unconstitutional, and the judicial process proceeds until the law is eventually allowed to stand. We saw it with Act 10, Voter ID, etc. It is tiresome that liberals in this state can’t respect the will of the people as expressed through their duly elected representatives in the legislative and executive branches of government.

Second, try to understand the rationale of the lawsuit. They are claiming that since the union has to represent all employees, the fact that some employees can opt out of the union is a violation of the constitutional provision prohibiting government from taking money or property without just compensation. So in their minds, if a private organization (union) chooses to provide a service for a person without permission, then that person must pay the private organization for those services or it violates the constitution.

Of course, this line of legal theory has been advanced before in other states where Right to Work has been enacted, and failed the miserable legal death it deserves. But it does illustrate the liberal mindset that the individual’s money and property is theirs first and the individual get to keep whatever is left over.


0936, 09 April 2016


  1. Mike

    It’s time we changed our judicial review process. No single judge should be able to strike down a law without further review.

  2. Dave

    It will have further review. The state will appeal tomorrow. 4th District Court of Appeals will uphold the judge’s decision. The state will appeal to the Supreme Court and Walker’s 5 prostitutes will take care of him and strike down the decision. There you have the next 8 months in a nutshell.

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