Former Gov. Scott Walker Says Overturning Act 10 Would Set ‘Horrible Precedent’
Walker says newly-liberal court shouldn't touch his signature policy measure.
Scott Walker. File photo by Coburn Dukehart / Wisconsin Center for Investigative Journalism.
Former Wisconsin Gov. Scott Walker said he’s worried the Wisconsin Supreme Court could soon take up a challenge to his signature legislation Act 10, as the court now has a liberal majority for the first time in 15 years.
Speaking Tuesday at a Milwaukee Press Club event, the Republican said he believes the court shouldn’t try to overturn legislation they may not agree with.
“If the court were to throw that (Act 10) out, that sets a horrible precedent,” Walker said.
Act 10, which effectively eliminated long-held bargaining rights for most state and local government employees, was signed into law by Walker in 2011. The legislation was controversial, as it essentially redefined organized labor in Wisconsin.
“You elect the Legislature, you elect the governor to pass laws, to sign them and enact them,” Walker said. “You (elect) the courts to see whether or not (laws) uphold to the Constitution and to the rule of law.”
Walker’s comments come days after Justice Janet Protasiewicz was sworn in, swinging the court to a liberal majority for the first time since 2008.
Last week, Chief Justice Annette Ziegler, a conservative, released a statement accusing the four liberal members of the court of going “rogue” and meeting in “a secret, unscheduled, illegitimate closed meeting,” in an attempt to cut her authority. Ziegler has also been critical of the liberal justices’ recent firing of Randy Koschnick as the state court system director.
Walker said he believes that move was unconstitutional.
“Well, I just think the bottom line is the Constitution is clear, the administration of the court is left up to the Chief Justice,” Walker said. “There’s no interpretation, there’s no other way around it. This is just a raw political move.”
Last week, Justice Rebecca Dallet released a statement that said the moves the majority is making advance a number of transparency and accountability measures.
“First, we have made a series of rules and operating procedures changes to make Court decision-making more inclusive, timely, and responsive,” Dallet said. “Second, we are committed to making all orders more readily accessible on our website. Third, we have voted to re-open our administrative conferences. And fourth, we will be announcing the creation of a bipartisan task force to study the issue of recusal and to present us with recommendations.”
In response, current Gov. Tony Evers said he wasn’t in a position to comment on the back and forth between the justices.
“What I do believe is I think at some point in time, this will all be over, and they will be doing their work just like they always have,” he said.
Walker’s comments come as some Republicans have questioned how far the new liberal majority on the court will go in reshaping Wisconsin policy. While Protasiewicz, a former Milwaukee County Circuit Court judge, has not stated how she will decide in various cases, she has made her personal beliefs about the issues of abortion and gerrymandering clear. She has said she believes that women have the right to make their own reproductive choices, and called Wisconsin’s existing maps “rigged.”
The court could also take up voting access issues, including weighing in on the legality of voter drop boxes, in advance of the 2024 presidential race. Wisconsin will once again be a coveted swing state, and recent presidential elections have been decided by less than a percentage point.
Liberals will hold a 4-3 majority with the next Supreme Court election scheduled for 2025.
Walker served as Wisconsin’s governor from 2011 to 2019. During that time, he appointed two conservative Supreme Court Justices. He has served as the president of Young America’s Foundation — a group aimed at enlisting young conservative’s — after he was defeated by Evers in 2018.
Listen to the WPR report here.
Former Gov. Scott Walker says overturning Act 10 would set a ‘horrible precedent’ was originally published by Wisconsin Public Radio.
Don’t worry Scotty, it’s down the list of stuff from your Reign of Error that’s getting overturned.
But since it’s nothing Republicans ever ran on, why shouldn’t it be on the chopping block? Or, on the flip side, why are cops and firefighters immune from Act 10 if it’s so great?
That clown is so washed.
<1% Scotty and his ilk are responsible for the rCons going full maga – they hate teachers, hate poor people, and bemoan young adults getting indoctrinated in college as they steal taxpayer money to indoctrinate little kids in post-capitalist religion, worshipping a camo-jesus.
Put it to a vote (direct democracy) – enough w/ representative democracy where one party says this and the next says that.
I sometimes get curious about these slanted WPR articles. This isn’t the first time an article seems to imply that Protasiewicz is a biased judge since she makes, gasp!, her personal beliefs public! For shame! Why did they feel obligated to write,
“While Protasiewicz, a former Milwaukee County Circuit Court judge, has not stated how she will decide in various cases, she has made her personal beliefs about the issues of abortion and gerrymandering clear. She has said she believes that women have the right to make their own reproductive choices, and called Wisconsin’s existing maps “rigged.”
When conservative judges voted 5-2 to uphold Act 10 in 2014 am I to believe that their personal beliefs had nothing to do with it? Freaking ridiculous. Are her beliefs, which jive with the majority view, being pointed out because they don’t agree with those rich donors who are funding an ideological media war in this country? Groundwork to impeach Protasiewicz was being laid the moment she was elected. But yea, lets write an article about Scott Walker and his nonsense.
Time Wisconsin overturns Republicans in this state. They have RUINED and DIVIDED the state and created a hateful fearful environment.
Scott Walker and a host of other awful and corrupt republicans from WI have worked hard to disrupt and own the state. Time to take away their ownership of Wisconsin.
OHIO should be a big warning to them all and I pray republicans time in Wisconsin and elsewhere is nearly up. People have had enough of having their rights trampled on and abused!
Lets take WOMEN for example who are not sitting by while their health is abused they are working to stop those who took away their rights and that would be by republicans who are mostly extreme male politicians who think they know what’s better for women’s health then women and their families. I think not.
I hope every Walker bad decision is overturned. I hope republicans who gerrymandered our state LOSE in redrawn fair maps. I hope the duly elected Wisconsin Supreme Court Justice clears the way for FAIR VOTING MAPS. Imagine a fair map in Wisconsin!
We find out yesterday that the attorney who helped write the document about using fake electors to steal the 2020 election is from Wisconsin. I hope he is indicted soon too. Republicans are off the rail.
Republicans claim liberals are the problem in our state and nation sorry um NOPE it’s the authoritarian republican wannabes who want to rule by minority a republican minority and rule will not fly. Ohio proved the case. You screw with people rights they will bite you in the butt. Ohio showed the nation what is coming and Republicans prepare to be bitten and bitten hard!
Ah, the boy who would be ‘Precedent’ – working on his GED
while in the White House. Hint, Scotty: it’s not an internship!
It’s good to reminisce about the epic BM Wisconsin had
when it ‘dumped’ him.
You elect the Legislature, you elect the governor to pass laws, to sign them and enact them,” Walker said. “You (elect) the courts to see whether or not (laws) uphold to the Constitution and to the rule of law.”
Lots to unpack there.
Walker did not run on attacking teachers and public servents througout the state. “Walker dropped a bomb.”
Did ACT 10 violate the constitution:
“In essence, he held that the law differentiates between entities that represent public employees in collective bargaining — imposing conditions on certain bargaining entities but not others – and that the State had failed to advance a sufficient justification for this disparate treatment. According to Judge Colas, the differential treatment of bargaining entities violated the First Amendment right of the affected unions to association and expression, and it also violated the Equal Protection Clause. Judge Colas also held that the law violates the Home Rule provisions of the Wisconsin Constitution by dictating rules for Milwaukee that the law did not apply to other municipalities” https://law.marquette.edu/facultyblog/2012/09/the-constitutional-challenge-to-act-10-is-serious/
“The fact that that ACT 10 excluded Police and Fire demonstrates this.
There is no constitutional requirement that the state government bargain with public employee unions at all. However, once the state government decides to bargain, it may not do so under rules that penalize membership in particular unions. By arguing that Act 10 applies different treatment to public safety unions than it does to more general public employee unions, the plaintiffs have raised legitimate constitutional claims that often have been decided by the courts on very fact-specific grounds. In this regard, Judge Colas’ ruling is neither exceptional nor unprecedented. ”
There were some bad actors on that court at the time – namely Gabelman and Prosser. Walker appointed Gabelman. We all know how unqualified Gabelman was. Prosser was a loose cannon. Both were extremly partisan.
ACT 10 needs to be revisited.
restore rights for public employees. throw out Act 10.
Well stated Paul, thank you.