Wisconsin Act 10 faces double threat from Supreme Court, legislature

MADISON, Wis. - The future of Act 10 is uncertain. The law that places restrictions on state and local government worker unions survived for 15 years, but it now faces a double threat: a soon-to-be Democratic-controlled Wisconsin Legislature and a liberal-controlled Wisconsin Supreme Court.

The question is which one might move quicker to do away with the law. 

Wisconsin Supreme Court to hear Act 10 appeal

What To Know:

On Nov. 11, the Wisconsin Supreme Court announced it will again weigh Act 10, one of the state's most contested laws. The court voted 5-1 to hear the latest case. While the five liberal justices agreed to hear the case, conservative Justice Annette Ziegler dissented. Justice Brian Hagedorn, who once served in Gov. Walker’s administration and defended Act 10, did not join in the vote.

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The backstory:

In 2011, massive crowds at the Wisconsin Capitol protested Act 10. In 2011, Governor Scott Walker signed it, and then the fight turned to the courts. The law survived both state and federal courts and was upheld by a conservative Supreme Court. But, now under liberal control, that same court will look at it, again.

Incoming legislature might move to repeal Act 10

What To Know:

At the same time the court picks up the case, the legislature is eying repealing the law. In January 2027, Democrats will have control of the legislature for the first time since Republicans passed Act 10 in 2011.

"We support the restoration of rights for the people of Wisconsin, including collective bargaining rights and the rights of workers in the public and private sector. We're going to be, of course, discussing with Governor-elect Crowley and our caucus here about the right timeline, but we will be pushing very hard to restore the rights of working people in Wisconsin," said State Rep. Greta Neubauer, the incoming Assembly speaker.

On Labor Day, FOX6 questioned Gov.-elect David Crowley about Act 10’s future.

"It just doesn’t go away. We have to make sure we take back the state senate, and take back the assembly, as well, to make sure you have a legislature to actually make it happen," Crowley told FOX6. "In the end, this administration is about making sure that workers have a seat at the table."

Conservatives defend Act 10

The other side:

Conservatives estimate repealing Act 10 could cost taxpayers billions of dollars.

"It won't happen overnight. It'll sort of be gradual as union contracts are renegotiated. But, I think over time taxpayers are going to be on the hook for a lot more from either property taxes or the state level, and districts and local governments around the state are going to have to figure out how to fill a massive hole, which will probably lead to some cuts to programs that people appreciate and enjoy," said Will Flanders of the Wisconsin Institute for Law and Liberty.

"What you're going to see is again districts, if they're facing higher salary costs, higher retirement plan costs, they're actually going to have to look at cutting staffing," Flanders added.

That group estimates repealing Act 10 could cost taxpayers more than $2 billion a year. Governor-elect Crowley dismissed that as a worry and said he'll bring together people from both sides to come up with a fix. 

What Act 10 does

Dig deeper:

Act 10 places restrictions on Wisconsin’s state and local governmental worker unions. It says they can negotiate raises only up to the level of inflation. That does not apply to police and fire unions, but other governmental employee unions, like that of teachers. It also caps how much the state and local governments pay for healthcare premiums. Generally, this has meant workers pay roughly 12% of their healthcare premiums. 

In short, the government pays less of the employees’ premiums than it did before Act 10, and state and local governmental workers pay more for their healthcare premiums. 

Workers also pay more into retirement plans. Before Act 10, employers made up 99% of contributions to the Wisconsin Retirement System, the Wisconsin Policy Forum found in a 2020 report. After Act 10, the report found that governmental employers contributed 52%. The Wisconsin Policy Forum estimates this reduction cut local and state costs and before-tax wages by nearly $5.2 billion from 2011-2017.

Act 10 also puts other restrictions on governmental unions; it requires public sector unions to recertify each year. Also, there is no longer a simple majority of voting members needed to approve the union. Instead, it requires a majority of all the employees in the collective bargaining unit. That means, if a worker in that unit doesn’t vote, it counts as a no vote. 

Act 10 timeline

Timeline:

It was signed into law on March 11, 2011. 

• 2012: State court strikes down major parts.
• 2013: Federal appeals court upheld Act 10 in terms of federal law and the equal protection clause.
• 2014: Conservative Wisconsin Supreme Court overturns lower court’s ruling, and thus upholds Act 10.
• 2024: New lawsuit filed against Act 10 in state courts.
• 2024: In December 2024, a Dane County judge struck down parts of Act 10.
• 2026: In July, Wisconsin Appeals Court upheld Act 10.
• Nov 11: Wisconsin Supreme Court picks it up.

This latest case dates to 2024 when a Dane County judge struck down parts of Act 10. The argument was it violated the state’s equal protection by giving police and fire union exceptions that other government unions didn't get. A federal appeals court more than a decade earlier ruled Act 10 didn’t violate the federal equal protection clause.

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Then, this year, the Wisconsin Appeals Court upheld Act 10. Now, on Nov. 11, the Wisconsin Supreme Court agrees to pick up the appeal. 

What's next:

The question is which might come first: the Wisconsin Supreme Court striking down Act 10 or the legislature repealing it? Both will take time. The court has set deadlines for the different parties in the case to turn in their arguments at various points in December. Democrats take over the legislature on Jan. 4.

Portions of this article were formatted using A.I. FOX6’s Jason Calvi and an editor reviewed it for accuracy and tone prior to publishing.