A law that drew massive protests and made Wisconsin the center of a national fight over union rights has returned to court, facing a new challenge from teachers and public workers brought after the state’s Supreme Court flipped to liberal control
MADISON, Wis. — Public worker and teachers unions argued Tuesday that their lawsuit seeking to strike down a Wisconsin law that drew massive protests and made the state the center of a national fight over union rights should be allowed to proceed, even as the Republican-controlled Legislature sought to have it dismissed.
It is the first challenge to the law known as Act 10 since Wisconsin's Supreme Court flipped to liberal control last year.
Dane County Circuit Judge Jacob Frost questioned Tuesday whether there was another remedy to address alleged problems with the law short of striking it down. He did not rule from the bench and said he would issue a written order on the Legislature’s request to dismiss the case.
The unions' attorney argued that the 2011 law should be struck down because it creates unconstitutional exemptions for firefighters and other public safety workers. Attorneys for the Legislature and state agencies countered that the exemptions are legal, have already been upheld by other courts, and that the case should be dismissed.
The judge questioned why different classes of employees were created under the law and some public safety workers were “cherry picked” to retain their collective bargaining rights while others were not.
“Isn't that an equal protection problem?” he asked the Legislature's attorney.
Law enforcement groups like the State Patrol were exempted from the law, and others such as the state Capitol Police were not, because there could be a public
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