Wisconsin's anti-union law struck down: Judicial activism?
A judge rules Scott Walker's effort to curb public workers' collective bargaining rights unconstitutional, and Walker insists that the court has gone too far

In the latest dramatic twist for Wisconsin Gov. Scott Walker's controversial union-busting law, a judge has declared key provisions of the legislation unconstitutional. Dane County Circuit Court Judge Juan Colas says the restrictions on collective bargaining rights championed by Walker, who easily survived a recall election in June, violated local government and school workers' rights to free speech, association, and equal protection. The state plans to appeal, but faces strong headwinds. State and federal courts have delivered a series of defeats to central parts of the Republican agenda implemented after the party's sweeping victories in federal and state elections in November 2010. Critics say the newly empowered, GOP-led state legislatures went too far — with voter ID laws, immigration laws, redistricting laws, and efforts to curtail public workers' collective bargaining rights — but Walker says a "liberal activist judge" is just trying to thwart the will of the electorate. Did Republicans overreach in Wisconsin, or did Judge Colas?
Liberal judges — there they go again: Even Colas admits "there's no constitutional right to collective bargaining," says Allahpundit at Hot Air. He's arguing that the state discriminated against union workers, but his legal reasoning is flimsy. No matter — "the point of the ruling is to snatch victory on collective bargaining for the Left from the jaws of defeat after defeat after defeat." It has worked before with abortion rights and countless other issues. "Long live rule by the judiciary!"
"Wisconsin judge strikes down Walker's collective-bargaining law"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Conservative judges are the real activists: Colas' ruling was perfectly reasonable, says David Dayen at Firedoglake, particularly his opinion that the GOP-run state legislature was trampling the rights of local governments to set policies for their own workers. Walker doesn't need to worry, though. The state's right-wing Supreme Court, "one of the most partisan" in the nation, has already reversed, in a "brazen," party-line vote, one judge who overturned the anti-union law. Why not two?
"Ruling overturning parts of Wisconsin anti-union law likely to be short-lived"
Either way, this debate is here to stay: Walker certainly won't be the only Republican to accuse Colas of trying to overrule the will of the people, says Sean Sullivan at The Washington Post. His tactic is an increasingly popular way for politicians to discredit judges who disagree with them. Remember how President Obama "warned the 'unelected' Supreme Court against striking down his health-care reform law"? It looks like we're in for a new, national "debate over the influence of partisanship on the legal system."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Trump's actions cut a wide swath across Hawaii's economy
In Depth The state's tourism and farming sectors are two of the largest hit industries
By Justin Klawans, The Week US Published
-
5 immersive books to read this April for a brief escape
The Week Recommends A dystopian tale takes us to the library, a journalist's ode to her refugee parents and more
By Theara Coleman, The Week US Published
-
'The winners and losers of AI may not be where we expect'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published