Wisconsin Act 10 faces double threat from Supreme Court, legislature

Fox - Milwaukee
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1 Video View·Nov 12, 2026
Court will again weigh one of the state's most contested laws, Act 10.
It places restrictions on governmental worker unions.
Our political reporter Jason Kelby tells us exactly what comes next.
Hi, Jason.
Hey, Mary. Yeah, you know that law?
It's survived for 15 years, but right now it faces a double threat.
A liberal Supreme Court
and a soon-to-be Democratic-controlled legislature.
The question is, which one might move quicker to do away with the law?
Let's flash back to 2011
when massive crowds at the Wisconsin Capitol protested Act 10.
You can see it there.
I'll tell you more about what this law changed in a second,
but in 2011, Governor Scott Walker signed it into law,
and then the fight turned to the courts.
The law survived both state and federal courts,
and was upheld by a conservative Supreme Court.
But now under liberal control,
the Wisconsin Supreme Court will once again look at this issue.
This latest case dates to 2024,
when a Dane County judge struck down parts of Act 10.
The argument was it violated equal protection
because it gave police and fire unions exceptions
that other governmental unions didn't get.
Then this year, the Wisconsin Appeals Court upheld Act 10.
But today, the Wisconsin Supreme Court agrees to pick up the appeal.
And at the same time, the legislature could try to repeal the law.
In January, Democrats will have control of the legislature
for the first time since Republicans passed Act 10 in 2011.
We support the restoration of rights for the people of Wisconsin,
including collective bargaining rights
and the rights of workers in the public and private sector.
We're going to be, of course, discussing with Governor-elect Crowley
and our caucus here about the right timeline, but we will be pushing
very hard to restore the rights of working people in Wisconsin.
It won't happen overnight. It'll sort of be gradual as a union.
Contracts are renegotiated, but I think over time taxpayers are going
to be on the hook for a lot more from either property taxes
or the state level and districts and local governments around
the state are going to have to figure out how to fill a massive hole,
which will probably lead to some cuts
to programs that people appreciate and enjoy.
Now, that group estimates repealing Act 10 could
cost taxpayers more than $2 billion a year.
Governor-elect David Crowley dismissed that as a worry and said
he'll bring together people from both sides to come up with a fix.
Act 10 places restrictions on governmental worker unions in Wisconsin.
It says they can negotiate raises only up to the level of inflation.
That does not apply to police and fire unions.
But other governmental employee unions,
like that of teachers, it caps how much the state
and local government pays for health care premiums.
That means state and local governmental workers pay more
for that, and they also pay more
into retirement plans than they did before Act 10.
It also makes it more challenging for governmental unions
to even get started, with workers now
having yearly votes to recertify.
So the question tonight is which might come first,
the Wisconsin Supreme Court striking down Act 10
or the legislature repealing it?
Both will take time.
The court has set deadlines for the different sides
to turn in their arguments in December.
Democrats take over the legislature on January 4th.
Mary?
All right, Jason, thank you.
