The Wisconsin Institute for Law & Liberty (WILL) responded to a new ruling striking down key components of Act 10, collective bargaining reform legislation signed into law by then Governor Scott Walker in 2011.
Rick Esenberg, WILL President and General Counsel, stated, “Act 10 was upheld in multiple cases. Today’s decision is based on reasoning that was rejected by the federal courts years ago and departs from the way in which Wisconsin courts have handled equal protection cases. It substitutes the judgment of the court for that reached by the legislature. Not only does this put taxpayers back on the hook for billions of dollars, it opens the door to allow judges – whether they be liberal, conservative or otherwise – to undermine the legislative process.”
WILL recently took a look at what the end of the collective bargaining reforms under Act 10 would mean for local governments and school districts. The reports estimated about $1.1 billion in new annual costs for school districts and more than $480 million in new annual costs for local governments. These cost stem from increases in employee pay, healthcare, and retirement benefits increases that would likely follow. We also spoke with leaders in school districts and local governments who told us that striking down these provisions would have a devastating impact on the services they offer.
WILL was founded in 2011, partially in response to the same legal challenges against lawful acts of Governor Walker and the Wisconsin Legislature. Over the years, we have participated in many legal efforts and published policy work highlighting this legislation’s benefits. Our research has found that union membership has plummeted since Act 10 as more and more government employees exercise their right to vote themselves out. We also found that this reduction in the number of public sector unions did not lead to significant declines in student proficiency. Indeed, areas that more thoroughly took advantage of the pay structure creativity afforded by the law saw achievement gains.
