Fight over Act 10 has many hurdles
Keller Russell and The WTMJ News Team
Photo: Video by tmj4.com
MADISON - A judge ruled Governor Walker's Act 10 unconstitutional, but what that means is still up in the air.
"All I know is it's going to be a lot of steps," Madison Teachers' Union Attorney Lester Pines says.
Pines won his case Friday with a judge striking down Act 10. But whether that decision will have any power is yet to be seen.
There are three big hurdles.
The first is what's called a stay. It would keep the law as it is until the appeals process is over. The Attorney General is expected to make the request this week. However, the same Dane County judge would have to give his blessing.
"If Judge Colas does not stay the order then the appeals will consider to stay the order," Pines says.
The second hurdle will be appeals of the judge's ruling, and a lot are expected.
The first could come as soon as Monday.
But, it could be four to five months before the court of appeals would take up the case.
"I have no doubt, however, that the state will petition to bypass the court of appeals," Pines says.
Instead, the state could jump straight to the third hurdle. That's the Supreme Court.
Attorneys think this is where the fight will ultimately end up. It would come with an estimated six-month waiting period and a panel of judges who tend to vote partisan. A time frame for a final decision is anyone's guess.
"Unlike circuit court judges, appeals courts and the supreme court have no time limit on how long it takes them to make decision."
The case could ultimately go to the U.S. Supreme Court.