The News: The Wisconsin Institute for Law & Liberty (WILL) secured a significant victory at the Wisconsin Court of Appeals after they upheld Act 10 in Abbotsford Education Association v. WERC. WILL represented a teacher who supported and benefited from the law signed by Governor Scott Walker in 2011.

The Quote: Lucas Vebber, WILL Deputy Counsel, stated, “WILL has fought to protect Act 10 since its enactment because of the substantial benefits provided to taxpayers and local governments. For 15 years, various legal challenges have been unsuccessful, because ultimately this is a law signed by the Governor and passed by a duly elected legislature which meets all constitutional requirements. As this case likely heads to the Wisconsin Supreme Court, we stand ready to make the case once again.”

Additional Background: This case was originally brought in Dane County Circuit Court, which found that Act 10’s classifications of certain employees violated the Wisconsin Constitution’s guarantee of equal protection and based on that, declared nearly all of the law unconstitutional.

Before Act 10, Wisconsin law forced non-union members to make what are called “fair-share” payments to support the collective bargaining work of the union. Act 10 eliminated those provisions of state law. In 2018, the U.S. Supreme Court found such “fair-share” payments to be unconstitutional. As part of the circuit court’s decision and order in this case, those sections of Act 10 were struck, returning state law to its unconstitutional past.

Our Client: WILL Client Kristi Koschkee, is a teacher who has benefited from Act 10. Koschkee faces significant harm if Act 10 is somehow repealed or scaled back. She doesn’t want her local union interfering with her relationship with her employer by bargaining on subjects beyond those permitted by Act 10. She supports Act 10’s provisions requiring unions to recertify themselves annually through a vote requiring a majority of employees’ approval.

About WILL’s Work on Act 10: 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. WILL research also shows that repealing Act 10 would have a devastating impact on local governments and school districts, costing more than $2 billion annually.

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