Van Hollen files request for stay on Wisconsin Act 10 union law

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Van Hollen files request for stay on Wisconsin Act 10 union law

By Jodi Becker, Jay Sorgi and the Associated Press. CREATED Sep 17, 2012 - UPDATED: Sep 18, 2012

MADISON - Wisconsin's Attorney General has put in the request for a stay of the court ruling that cancels out Act 10 for municipal workers. 

"We are going to be appealing this...hopefully, getting the injunction stayed so this law can remain standing pending an ultimate resolution by a body of more than one judge," said J.B. Van Hollen on Newsradio 620 WTMJ's "The Jeff Wagner Show." on Monday morning.

He filed the stay request Tuesday morning on the decision made by Judge Juan Colas.  He ruled Friday that Walker's law is unconstitutional as applied to school and local government employees.

A stay would put the Dane County judge's ruling on hold and allow Act 10 to remain in place while higher courts decide if the lower court's ruling is correct.

"We have to draft the documents.  We have to talk to the various parties.  This is a very unusual case," said Van Hollen.

That's because, according to Van Hollen, the ruling canceled Act 10 for municipal workers, but not state employees. 

He said the case involved "a municipality, basically questioning the constitutionality on the law as applied. I believe that the judge has grossly misinterpreted the law, finding it unconstitutional on a number of grounds."

According to Van Hollen, there is a track record of success for those defending Act 10 in courtrooms.

"This is a little different from the two prior cases that we have successfully defended, but in other ways, very similar.  That has been a little misrepresented.  We have prevailed in federal court on an Act 10 defense, largely anyway, and we have prevailed completely in the Wisconsin Supreme Court on a case involving Act 10."

Attorney Lester Pines brought the case on behalf of the Madison teachers union.

He said Monday that "everyone is taking their time to make sure they understand the decision and then to figure out what steps they need to take."