Dane County Circuit Court Judge Juan Colas, who last month struck down the Wisconsin law (Act 10) that eliminated public employee collective bargaining rights, refused a request on Monday by Gov. Scott Walker’s administration to stay the order while the case is on appeal.
Colas said the state " failed to show that they will suffer irreparable harm if the stay is not granted ."
In his September ruling, the judge said the law violates school and local employees' state and federal constitutional rights to free speech, free association and equal representation.
The constitutions are the fundamental expressions of the will of the people acting in their sovereign capacity. Even laws enacted by the legislature and the governor, though they may manifest the popular will of their time, are subordinate to them. Even a temporary infringement of fundamental rights of speech and association protected by the constitutions is an irreparable harm.
The law remains largely in force for state workers, but for city, county and school workers, the decision returns the law to its status before Walker signed the legislation in March 2011.