Act 10 holds in Federal Court

Some lawyer please tell me how it can be upheld in federal appeals court, but invalid in a state circuit court.

In other words – we’re good to go?

UPDATE – never mind. I read the MJS article and figured out my own question. To some extent the answer is “who knows?” I love the part where they can’t decide if the invalid issues are just for the area of that court jurisdiction.

Oh, Wisconsin. You keep it so very interesting.


  1. The federal court can only address the federal questions, so it will still wind up before the state supreme court to decide whether or not any provisions violate the Wisconsin constitution. However, the ruling should prevent a Wisconsin court from overturning the Act on the grounds that it violates federal law.

  2. Are there any repercussions for a judge ruling against a law and being wrong? Especially if his intervention caused damages?

    Knowing what I know of the law I’d say no. The bar is the law and passing the bar puts one above it.