You know you are in trouble when the court ...

Brian Sikma:
The legal battle over Governor Scott Walker’s collective bargaining reforms isn’t over yet, and in a challenge that has now reached the Wisconsin Court of Appeals a local teachers union is arguing that the law is unconstitutional when applied at the local level. But the unions and their legal team may have suffered a quiet but important setback in late December when, with no fanfare, the Appeals Court requested both sides to file further briefs on the case. In the request, the court specifically noted that cases cited by the unions to prove their point in fact, did not back up the unions’ position.
I recall a matter I was working on where a case held against the position I wanted to achieve.  But as I dug into the case and started reading the cases the court cited in support of their position I found it did not support it at all so I was able to argue that the court should ignore that case and they did.  I think the unions are in trouble on this one.  It looks like they may have thrown together a brief in hopes that the court was predisposed to go along with them.   It has to hurt them, that the reforms have been so successful.


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