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breaking news

AG plans to file injunction Tuesday over Act 10 ruling

By: Heather Sawaski
Updated: September 17, 2012
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WISCONSIN (WFRV) - Attorney General J.B. Van Hollen wants to keep Act 10 in effect while an appeal makes its way through the legal system.

 

On Friday, a Dane County judge overturned a portion of the controversial law that stripped local government and school district employees of their collective bargaining rights.

 

"We're certainly disappointed," Van Hollen said. "We believe the ruling is a pretty considerable error in legal interpretation."

 

Van Hollen said he plans on filing a motion Tuesday, asking the judge to stay the decision.

 

"If ultimately this law is going to be upheld, which we believe it will, it's very important that the law be in full force and effect during the time of the appellate process," he said.

 

"There have been a few other judicial rulings on this but this certainly adds another twist," UWGB Political Science professor David Helpap said.

 

Helpap explained how this decision is different from prior rulings on Act 10.

 

"The past ruling the Supreme Court looked at was more procedural," he explained. "Was the process used to achieve this constitutional? This is much more fundamental, regarding the ability to limit collective bargaining and differentiate between public employees. Whether it be union or non-union, or public safety or non-public safety."

 

"These things certainly can take time," added Van Hollen. "We want to move it along as quickly as we can so people have certainty."

Helpap also said he thinks this will have an impact on how candidates approach Wisconsin, both in upcoming state and national elections.

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