Thirteen years ago, Republican Governor Scott Walker and the legislature of Wisconsin enacted Act 10, which banned collective bargaining for public employees, except for public safety employees. Teachers, social workers, and other public employees were outraged. They encircled the State Capitol for days. Walker became a star, and his sponsors, the Koch brothers, were happy.

But today, Act 10 was declared unconstitutional. Time will tell whether the decision is upheld.

A Dane County judge on Monday sent ripples through Wisconsin’s political landscape, overturning a 13-year-old law that banned most collective bargaining among public employees, consequently decimating the size and power of employee unions and turning then-Republican Gov. Scott Walker into a nationally known political figure.

But there’s been a revival of hope in Wisconsin:

The effort to overturn Act 10 began in November 2023 when several unions representing public employees filed the lawsuit, citing a “dire situation” in workplaces with issues including low pay, staffing shortages and poor working conditions. 

In July,  Dane County Circuit Judge Jacob Frost ruled provisions of Act 10 unconstitutional and denied a motion filed by the Republican-controlled Legislature to dismiss the case.

The lawsuit argued the 2011 law violated equal protection guarantees in the Wisconsin Constitution by dividing public employees into two classes: “general” and “public safety” employees. Public safety employees are exempt from the collective bargaining limitations imposed on “general” public employees.