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Monday, January 21, 2013

Ind. Decisions - More on: Right to work law decisions in ND Ind. and 7th Circuit

Updating this ILB entry from Friday re the 7th Circuit's 2-1 opinion in Wisconsin Ed. Ass'n. v. Walker, here is a long AP story on the ruling from the Jan. 18th Washington Post. A few quotes:

MADISON, Wis. — A federal appeals court on Friday upheld Wisconsin Gov. Scott Walker’s contentious law stripping most public workers of nearly all of their collective bargaining rights in a decision hailed by Republicans but not undoing a state court ruling keeping much of the law from being in effect. * * *

The decision, however, does not resolve a flurry of other lawsuits that have been filed over the law.

The most positive ruling for unions came in September when a state circuit court judge said the law was unconstitutional as applied to school and local government workers. That ruling is under appeal to the state appeals court.

While Friday’s 2-1 ruling by a panel of the 7th Circuit could influence the state appeals court and others hearing the cases, it’s not binding, said Paul Secunda, a Marquette University law professor. It certainly doesn’t signal the end of the legal fights, he said, and it could be appealed to the full federal appeals court and the U.S. Supreme Court.

“The public unions will fight until every one of their arguments are considered in full,” Secunda predicted.

Additionally, the ILB has received this comment from a union attorney re the decision:
Glad you reported on this decision yesterday, which has implications for the anti-union agenda of the Indiana Republican Party in the General Assembly. I'm especially looking forward to reading Judge Hamilton's dissent, which appears to be very solidly reasoned and grounded in First Amendment law. Since it's nearly certain en banc review will be sought by the union parties, it may be worth pointing out that one of the judges in the majority, Judge Bauer, is senior status and would not have a vote if the case is heard en banc. Thus, among the 10 active judges the split was 1-1. This is a case to watch as it continues to work its way through the appellate process.

Posted by Marcia Oddi on January 21, 2013 10:09 AM
Posted to Ind. (7th Cir.) Decisions