No surprise, Mr. Barth wrote an editorial criticizing the recent decision by a Dane County judge to declare Act 10 null and void. As soon as I heard about the ruling I knew people would say it was just another activist judge exceeding his authority. Why is it okay for right-leaning judges to strike down liberal legislation but it is not okay for liberal judges to strike down conservative legislation?
Mr. Barth usually champions the First Amendment but in this editorial mocks the argument that it has been infringed upon. He said the judge ruled the law violates employees’ rights of free speech and association and violates the equal protection clause by creating separate classes of employees. Love or hate the law, it did do those things. Mr. Barth justifies that by saying the law was passed by duly elected representatives of the people and the recall election showed it had public support. That does not make it constitutional. How many times have the courts overturned legislation passed by elected legislatures and supported by the people in this nation’s history?
Mr. Barth wrote that for years the liberal strategy has been to go shopping for a judge when they can’t win a political victory. I think both sides are guilty of that.
Mr. Barth would like opponents of Act 10 to just give up. Would the other side just give up if the situation were reversed?
Mr. Barth is right that the state Supreme Court, the same court he himself has criticized many times, will no doubt overturn this decision because they have proven incapable of judging cases on their merits and instead vote the party line. Maybe somehow a federal issue will allow the U.S. Supreme Court to have a shot at Act 10. I trust them more than our court.