Saturday, April 28, 2012

Federal Judge Refuses to lift his block on Parts of Act 10.

Gov. Scott Walker unconstitutional attempt to limit the free speech of public unions will not get a reprieve in the courts while the state challenges a federal judges order to block parts of Act 10.
WSJ: U.S. District Judge William Conley ruled that his order — which blocks mandatory annual recertification of employee unions and allows the collection of union dues from employee paychecks — will take effect while the state appeals his March 30 ruling.
Here's a great discussion of Judge Conley's decision from WTDY 1670's Sly in the Morning, and guest attorney Mike Riley (audio only). They take a well deserved shot at conservative radio talker Vicki McKenna and male clone Brian Schimming, who described Judge Conley as one of those typical liberal Dane County judges, when in fact, he's a federal judge. But hey, details, details. 

Here's the latest on Judge Conley's ruling:
Conley had ruled in March that portions of Act 10, as the law is known, are unconstitutional.

In an 11-page ruling, Conley wrote that he was not persuaded the state would prevail in its appeal. Conley wrote that it's "irrational" to impose annual recertification by a super majority on most unions while imposing fewer burdens on public safety unions that, by law, require membership and payment of dues.

Conley also added that the state continues "to ignore that their burden in justifying either an annual recertification requirement or the refusal to withhold voluntary dues is not met by posing thin reeds of rationality." Appearance matters, he wrote, "and it appears these were punitive measures intended to impinge directly on the associational and free speech rights of political opponents, while leaving mainly supportive unions alone."

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