Attorney General J.B. Van Hollen filed a motion with the Wisconsin Court of Appeals Thursday asking for a stay on Circuit Court Judge Juan Colas’ decision repealing large parts of Gov. Scott Walker’s Act 10 law.
Just three days ago, Colas denied Van Hollen’s original request for a stay on the Dane County Judge’s Sept. 14 decision, which repealed parts of Act 10 because he said they violated several of the workers’ First Amendment rights.
In his Monday decision, Colas said he denied the state’s request because the state “failed to show that there is an irreparable harm to them that favors a stay.”
But in his Thursday motion seeking a stay on the ruling, Van Hollen argued a stay would prevent confusion for local governments, which began implementing the law June 2011.
“A stay is needed to avoid confusion and to avoid other harm that might result if local governments are not able to take full advantage of Act 10 while an appeal is pending,” Van Hollen said in a statement. “The circuit court failed to fully and properly consider the factors that support the appropriateness of a stay pending appeal in this litigation.”
The Department of Justice also issued a 51-page brief Thursday, arguing Colas’ ruling that the First Amendment guarantees public employees the right to associate is flawed.
"It is not possible to burden any right of employees to associate for the purpose of collectively bargaining because … the right of association does not extend to collective bargaining," the DOJ said in a statement.
No timeline has been released for the Court of Appeals’ decision on the stay.
