Dane County Circuit Court Judge William Foust denied a stay to his decision to strike down right-to-work Monday, the most recent challenge to the controversial Wisconsin law.
Staying the law means it would remain in effect throughout the appeals process.
The decision against a stay in the case comes as a disappointment for Attorney General Brad Schimel, who is currently working to appeal Foust’s original decision to throw out the year-old law.
“We are disappointed our motion for stay in the right-to-work case was denied in Dane County Circuit Court,” Schimel said in a statement Monday.
Schimel isn’t giving up, however. In the statement, he said he plans to seek stay in the Court of Appeals, where he “feel[s] confident this law will be upheld.”
On April 8, Foust threw out Wisconsin’s right-to-work law after three unions brought a lawsuit after the bill was signed into law last March. Opponents to the law say it harms unions and leads to lower pay. Foust struck down the law because he said it violated the Wisconsin constitution.
Those who want to see Foust’s decision appealed feel the right-to-work law gives Wisconsin workers more freedom because they won’t be tied down by unions.
One of the three unions that originally brought the lawsuit, Wisconsin AFL‐CIO, released a statement Monday praising Foust’s decision to deny the stay.
“We are pleased with Judge Foust’s decision stating clearly again that Right to Work is unconstitutional in the state of Wisconsin,” said Phil Neuenfeldt, president of the Wisconsin AFL‐CIO. “Rather than respecting the constitution, Gov. Walker and Attorney General Brad Schimel are trying every legal maneuver in the book to advance their own partisan agenda and deny workers their right to a meaningful union.”
