7th Circuit upholds Gov. Walker's much-protested collective bargaining legislation.


7th Circuit upholds Gov. Walker’s much-protested collective bargaining legislation.
Ann Althouse


“The district court invalidated Act 10’s recertification and payroll deduction provisions, but upheld the statute’s limitation on collective bargaining. We now uphold Act 10 in its entirety.

[quote]Voting to uphold the law in its entirety were Judges Joel M. Flaum and William J. Bauer. Flaum wrote the opinion.

Judge David F. Hamilton dissented in part, saying he believed part of the collective bargaining law violated the First Amendment. Hamilton argued the state could not bar some unions from having their dues deducted from paychecks while it allowed police and fire unions to do so.
WI’s union thugs lose another round (emphasis added). The decision is linked in the blog piece.


Good thing they’re not in the jurisdiction of the 9th Circus.


We’re very proud of our circus…Well at least the Californians are. I blame RET and Pete.


Thanks, RwNj! It’s about time I get credit for all I do around this state!

This decision poses an interesting dilemma for the unions. The net step, if they take it, is the US Supreme Court. One of the intricacies of the US Federal justice system is that this decision is only binding in the 7th Circuit. For other Circuits this case can be taken as guidance, but it isn’t binding on other Circuits’ courts. If the unions appeal, the USSC takes the case, and the unions lose, this becomes binding on all US Federal Courts. If they appeal and win, obviously their victory would be national. If the USSC refuses the case, I’m not sure whether that affirms this decision and makes it national, or “merely” augments the guidance status of this case for courts outside of the 7th Circuit. I can think of at least one case from the 9th (a good decision, BTW) where the losers decided to confine their losses to the 9th Circuit.