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Wisconsin Republicans pushing to make voter ID a constitutional requirement

A woman hands her ID to a man seated at a table with another woman in a gym with basketball hoops and voting booths.
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Republicans who control the Wisconsin Legislature are moving quickly to place a measure on the April ballot to enshrine the state’s already strict voter ID requirement into the state constitution.

The move would make it more difficult for Democrats to soften the 14-year-old law or overturn the requirement in court. Other states have taken similar steps in recent years to put voter ID requirements in the constitution. Voters approved it in Mississippi in 2011 and North Carolina voters in 2018, while Minnesota voters rejected it in 2012.

The voter ID constitutional amendment is the first proposal being considered by the Wisconsin Legislature this year. The session began Monday, there was a public hearing Tuesday, and the Senate was approved it Wednesday. The Assembly was expected to give final approval next week.

Democrats on Tuesday accused Republicans of rushing to enshrine a requirement that they argue makes it more difficult to vote.

“I’m irritated,” Democratic Sen. LaTonya Johnson said at the hearing Tuesday, held less than 24 hours after lawmakers were sworn into office. “There are definitely more important issues than this.”

Johnson noted that the proposal was coming three weeks after a school shooting about 6 miles from the state Capitol but was taking precedence over gun control measures. A student shot and killed a fellow student and teacher before killing herself.

Constitutional amendments must pass the Legislature in two consecutive sessions and then be approved by voters before taking effect. The Legislature passed the voter ID proposal last session and must approve it again by Jan. 21 to get it on the April ballot for voter approval.

Control of the state Supreme Court also hangs in the balance in that April election. The race for an open seat will determine whether liberals maintain control for at least the next three years. The Democratic-backed candidate, Dane County Circuit Judge Susan Crawford, was the lead attorney in a 2011 lawsuit challenging the voter ID law.

Republican Sen. Van Wanggaard, lead sponsor of the measure, said Tuesday that he was “not willing to risk” the law being struck down by the Wisconsin Supreme Court.

There are no pending legal challenges to voter ID, even though the state Supreme Court has sided with Democrats in other major cases, including throwing out Republican-drawn legislative maps and overturning a ban on absentee ballot drop boxes.

“We can be sure that a new lawsuit challenging its constitutionality is coming,” Wanggaard said.

Enshrining the requirement in the constitution would make it more difficult for a future Legislature controlled by Democrats to change than a state law.

Democrats who have long opposed voter ID also picked up seats in the Legislature in November under newly enacted maps more friendly to them and are hoping to regain majority control of at least the state Senate in two years.

The possibility of Democrats regaining majority control has led Republicans to enact a number of constitutional amendments to protect laws they have passed.

Republicans put five constitutional amendments before voters last year, the most in a single year since 1982, and four more could be on the ballot in the next two years.

Democratic Gov. Tony Evers has proposed giving voters the ability to place constitutional amendments and other proposals on the ballot, going around the Legislature. Republican leaders signaled that would be rejected.

Polls have shown wide public support for a voter ID law, despite opposition from Democrats and advocates who say it makes it harder for people to vote, especially older people and those without an ID.

Even if the amendment is approved, lawmakers could still decide what types of photo IDs are acceptable. Voters without a photo ID could still cast a provisional ballot, as they can now. The ballot is counted if the voter returns later with a photo ID.

Wisconsin enacted its law in 2011, one of the first actions Republicans took after they gained majority control from Democrats after the 2010 election.

Wisconsin is one of nine states where voters must present a photo ID to cast a ballot, the strictest requirement in the country, according to the National Conference of State Legislatures. A total of 36 states have laws requiring or requesting that voters show some sort of identification at the polls, according to NCSL.

Wisconsin’s voter ID law has been challenged in whole or in part numerous times since it was enacted, but the requirement has survived.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Republicans pushing to make voter ID a constitutional requirement is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Wisconsin Gov. Tony Evers’ plan to let voters repeal and create state laws gets GOP resistance

Wisconsin Gov. Tony Evers
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Wisconsin Gov. Tony Evers’ plan to let voters repeal and create state laws without legislative involvement met opposition on Monday from Republican leaders of the Legislature, who signaled that the idea is likely to be rejected for a second time.

Evers’ plan comes the same day the Legislature kicked off its two-year session. Republicans remain in control, but their majority is at its narrowest since they took over in 2011.

That means the dynamic between the Legislature and Evers, entering his seventh year as governor, will largely remain as it has been. Republicans must approve anything Evers wants to get done.

Still, the Democratic Evers is reviving a plan to weaken the powers of the Legislature that Republicans already previously rejected.

Evers said on Friday that the state budget he plans to unveil next month will include a mandate that legislators take up a constitutional amendment allowing voters to petition for ballot proposals to repeal state statutes and create new ones. Evers made a similar proposal in 2022 for voters to repeal the state’s 1849 abortion ban, but Republicans killed the plan.

Republican Assembly Speaker Robin Vos rejected the idea.

“It appears that Tony Evers’ single agenda item for the next session to is take power away from the elected members of the Legislature,” Vos told The Associated Press. “If that’s his focus, it’s going to make it awfully hard to find consensus.”

Republican Senate Majority Leader Devin LeMahieu said in a statement that Evers should focus on cutting taxes and scaling back the size of government.

Republicans hold a 54-45 advantage in the Assembly and an 18-15 majority in the Senate in the two-year session that started Monday.

There are six new state senators, all Democrats. Nearly a third of the Assembly — 31 lawmakers — are newly elected. Of them, 23 are Democrats. Those new lawmakers make up the majority of the 45-member Democratic caucus.

Lawmakers have said they are hopeful the slimmer GOP majorities will lead to more compromise, but on this issue they don’t appear to be willing to go along with what Evers wants.

Wisconsin is one of 24 states that do not provide a way for people to reject or enact statutes outside of the legislative process, according to Ballotpedia.

Evers said Republicans have been ignoring the will of the people by refusing to legalize marijuana, repeal the abortion ban, implement gun control measures and increase funding for public schools. Instead, he said, the GOP has been enacting policy through constitutional amendments, denying voters a voice.

“Republican lawmakers are going to continue to try to legislate by constitutional amendment,” Evers said. “Then they should give Wisconsinites the same opportunity that 26 other states have.”

Constitutional amendments must pass two consecutive legislative sessions and a statewide referendum to take effect. The governor plays no role in the process.

Republicans have asked voters to approve seven amendments since 2010, according to data from the University of Wisconsin Law School’s State Democracy Research Initiative. Voters ratified three in 2024 alone, including two in April to restrict use of private money in election administration and one in November that prohibits foreign nationals from voting. Republicans could put another amendment to voters in April’s elections that would cement voter identification requirements.

Gun control advocates planned to be in the Capitol on Monday shortly before the session kicks off to press lawmakers to take action following a shooting by a 15-year-old student on Dec. 16 at a Madison private school that left a teacher and student dead and two other students severely injured. The shooter killed herself.

Evers called a special session in 2019 in an attempt to pass gun control measures, including requiring universal background checks, but Republicans took no action.

Evers also called a special legislative session in September 2022 to approve a constitutional amendment similar to his latest proposal. He promoted it as a way to repeal the abortion ban and ensure abortion remained legal in Wisconsin after the U.S. Supreme Court reversed its landmark Roe v. Wade decision.

Republicans convened and ending the special session in less than 30 seconds.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Gov. Tony Evers’ plan to let voters repeal and create state laws gets GOP resistance is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Wisconsin Legislature’s tight Republican majority sparks hope for bipartisan cooperation

Exterior view of Capitol dome at dusk
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When the Wisconsin Legislature returns to work in January, Republicans will still be in charge but will have the narrowest majorities since taking control in 2011. That’s giving Democrats, including Gov. Tony Evers, optimism that both sides will be able to work together better than they have since Evers took office six years ago.

Both sides are eyeing the state’s massive budget surplus, which sits at more than $4 billion. What to do with that money will drive debate over the next two-year budget, which will be written in 2025, while questions hang in the air about whether Evers plans to run for a third term in 2026 and how the state will interact with President-elect Donald Trump’s administration.

Here is a look at some of the biggest pending issues:

New dynamic in the Legislature

Democrats gained seats in the November election because of redrawn maps ordered by the Wisconsin Supreme Court. The Republican majority now sits at 54-45 in the Assembly and 18-15 in the Senate. Democrats have 10 more seats in the Assembly than last session and four more in the Senate and are hopeful about gaining the majority after the 2026 election.

“We have already seen a shift in the Capitol due to the new maps,” Assembly Democratic Minority Leader Greta Neubauer told The Associated Press.

She and other Democrats predict it will lead to more pressure from rank-and-file Republicans in competitive districts to move to the middle and compromise with Democrats.

“Everybody understands, at least at this point, that we need to work together, pull together,” Republican Senate Majority Leader Devin LeMahieu told the AP. “And it’s important to get some things done.”

Pushing back against Trump

Democrats say they have been talking with Evers and Democratic Attorney General Josh Kaul about how Wisconsin can push back against the incoming Trump administration’s plans for mass deportations. But Democrats say they are also looking at other ways the state can fight Trump’s policies on issues like abortion and LGBTQ+ rights.

“We’re worried about a lot of the things that former and future President Trump might do, especially when it comes to deportation and immigration,” Senate Democratic Minority Leader Dianne Hesselbein said.

Republican Assembly Speaker Robin Vos said he would support Trump’s efforts to deport people who are in the country illegally and commit crimes.

Republicans prioritize cutting taxes. Democrats are open

Republicans passed a $3.5 billion tax cut that Evers gutted to just $175 million with his veto in the last budget. With another large surplus, Republicans say they want to try again.

“People struggling to pay their bills,” LeMahieu said. “We heard that in our local races. And so we want to help help help families out there. We have the money to do it. And that’s going to be our number one priority.”

Both he and Vos said they would like a tax cut of around $2 billion.

Democrats say that they aren’t opposed to cutting taxes, but that they want it to be targeted to helping the middle and lower classes and families.

“We are not interested in tax cuts that primarily benefit rich Wisconsinites or corporations,” Neubauer said. “But we are certainly open to tax cuts that help those who are struggling to make ends meet.”

K-12 education funding

The state superintendent of schools, Jill Underly, proposed spending more than $4 billion on K-12 schools in her budget proposal, which is subject to legislative approval. That’s almost certainly not going to happen, both Republicans and Democrats said.

“We’re not going to spend $4 billion on education, I can guarantee you that right now,” LeMahieu said.

While Democrats say they are prioritizing education funding, “I don’t think we’re going to be able to match that,” Hesselbein said of the $4 billion request.

Universities of Wisconsin

Leaders of the cash-strapped Universities of Wisconsin have asked for $855 million in additional funding in the next budget, nearly an 11% increase. System President Jay Rothman says schools need the money to stave off tuition increases, cover raises, subsidize tuition, and keep two-year branch campuses open in the face of declining enrollment and flat state aid.

Evers has promised to include the request in his budget, but Republican leaders said they would not approve that much, and Democrats also said it was a goal that was unlikely to be met.

LeMahieu and Vos both said UW would not get what it wants.

“We’re going to need to see some substantial change in how they’re doing their programing,” LeMahieu said. “We can’t just keep spending more and more on a system that’s educating less and less people.”

Marijuana, health care and other priorities

Vos said he intends to create a state-level task force to improve government efficiency, similar to what Trump created at the national level dubbed DOGE. He also supports passing a bill that would allow for the processing of absentee ballots the day before Election Day, a measure that’s had bipartisan support in the past but failed to pass.

Democrats say they will continue to push for ways to expand and reduce costs for child care, health care for new mothers and prescription drugs. Both Republicans and Democrats say they want to do more to create affordable housing. The future of the state’s land stewardship program also hangs in in the balance after the state Supreme Court said Republicans were illegally blocking funding of projects.

Democrats also say they hope to revive efforts to legalize medical marijuana, an effort that was backed by some Republicans but that failed to pass last session.

LeMahieu predicted the slimmer Republican majorities will make it more difficult for any marijuana bill to pass because some lawmakers “are dead set against it.”

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Legislature’s tight Republican majority sparks hope for bipartisan cooperation is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Teacher and a teenage student killed in a shooting at a Christian school in Wisconsin

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Wisconsin Watch spoke with Bethany Highman, age 29, mother of a student who was unharmed in the shooting. She talked about how she heard about the incident, what she is feeling, and where she finds hope and comfort.

A 15-year-old student killed a teacher and another teenager with a handgun Monday at a Christian school in Wisconsin, terrifying classmates. A second-grade teacher made the 911 call that sent dozens of police officers rushing to the small school just a week before its Christmas break.

The female student, who was identified at a press conference Monday night, also wounded six others at a study hall at Abundant Life Christian School, including two students who were in critical condition, Madison Police Chief Shon Barnes said. A teacher and three students had been taken to a hospital with less serious injuries, and two of them had been released by Monday evening.

Emergency vehicles are parked outside the Abundant Life Christian School in Madison, Wis., following a shooting, Monday, Dec. 16, 2024. (Morry Gash / Associated Press)

“Every child, every person in that building is a victim and will be a victim forever. … We need to figure out and try to piece together what exactly happened,” Barnes said.

Barbara Wiers, director of elementary and school relations for Abundant Life Christian School, said students “handled themselves magnificently.”

She said when the school practices safety routines, which it had done just before the school year, leaders always announce that it is a drill. That didn’t happen Monday.

“When they heard, ‘Lockdown, lockdown,’ they knew it was real,” she said.

Police said the shooter, identified as Natalie Rupnow, was found with a self-inflicted gunshot wound when officers arrived and died en route to a hospital. Barnes declined to offer additional details about the shooter, partly out of respect for the family.

Families leave SSM Health, set up as a reunification center, following a shooting on Dec. 16, 2024, in Madison, Wis. (Morry Gash / Associated Press)
A family leaves SSM Health, set up as a reunification center, following a shooting on Dec. 16, 2024, in Madison, Wis. (Morry Gash / Associated Press)

He also warned people against sharing unconfirmed reports on social media about the shooter’s identity.

“What that does is it helps erode the trust in this process,” he said.

Abundant Life is a nondenominational Christian school — prekindergarten through high school — with approximately 420 students in Madison, the state capital.

Wiers said the school does not have metal detectors but uses other security measures including cameras.

Children and families were reunited at a medical building about a mile away. Parents pressed children against their chests while others squeezed hands and shoulders as they walked side by side. One girl was comforted with an adult-size coat around her shoulders as she moved to a parking lot teeming with police vehicles.

Students board a bus as they leave the shelter following a shooting at the Abundant Life Christian School in Madison, Wis., on Dec. 16, 2024. (Morry Gash / Associated Press)

A motive for the shooting was not immediately known, but Barnes said they’re talking with the parents of the suspected shooter and they are cooperating. He also said he didn’t know if the people shot had been targeted.

“I don’t know why, and I feel like if we did know why, we could stop these things from happening,” he told reporters.

A search warrant had been issued Monday to a Madison home, he said.

Barnes said Tuesday the first 911 call to report an active shooter came in shortly before 11 a.m. from a second-grade teacher — not a second-grade student as he reported publicly Monday.

First responders who were in training just 3 miles away dashed to the school for an actual emergency, Barnes said. They arrived 3 minutes after the initial call and went into the building immediately.

A child is embraced at SSM Health, set up as a reunification center, following a shooting, Monday, Dec. 16, 2024, in Madison, Wis. (AP Photo/Morry Gash)

Classes had been taking place when the shooting happened, Barnes said.

Investigators believe the shooter used a 9mm pistol, a law enforcement official told the AP. The official spoke on the condition of anonymity because they were not authorized to discuss the ongoing investigation.

Police blocked off roads around the school, and federal agents were at the scene to assist local law enforcement. No shots were fired by police.

Abundant Life asked for prayers in a brief Facebook post.

Wiers said the school’s goal is to have staff get together early in the week and have community opportunities for students to reconnect before the winter break, but it’s still to be decided whether they will resume classes this week.

Husband and wife Bethany Highman, left, and Reynaldo LeBaron are shown near the scene of a shooting that left three dead at Abundant Life Christian School in Madison, Wis., on Dec. 16, 2024. LeBaron says his daughter, along with six nieces and nephews, attended the school. The incident showed “this can happen anywhere,” he says. (Brad Horn for Wisconsin Watch)

Bethany Highman, the mother of a student, rushed to the school and learned over FaceTime that her daughter was OK.

“As soon as it happened, your world stops for a minute. Nothing else matters,” Highman said. “There’s nobody around you. You just bolt for the door and try to do everything you can as a parent to be with your kids.”

In a statement, President Joe Biden cited the tragedy in calling on Congress to pass universal background checks, a national red flag law and certain gun restrictions.

A man in a police uniform speaks at a podium with many microphones as four other people stand behind him.
Madison Police Chief Shon Barnes speaks during a press conference at Fire Station 14 in Madison, Wis., following a shooting at Abundant Life Christian School on Dec. 16, 2024. Barnes says three people, including the teenage shooter, a teacher and another student, were killed. (Brad Horn for Wisconsin Watch)
Madison Mayor Satya Rhodes-Conway speaks during a press conference at Fire Station 14 in Madison, Wis., following a shooting at Abundant Life Christian School on Dec. 16, 2024. She says it is important to meet the mental health needs for those affected by the violence. (Brad Horn for Wisconsin Watch)

“We can never accept senseless violence that traumatizes children, their families, and tears entire communities apart,” Biden said. He spoke with Wisconsin Gov. Tony Evers and Madison Mayor Satya Rhodes-Conway and offered his support.

Evers said it’s “unthinkable” that a child or teacher would go to school and never return home.

The episode was the 323rd shooting at a K-12 school campus thus far in 2024, according to researcher David Riedman, founder of the K-12 School Shooting Database. The database uses a broad definition of shooting that includes when a gun is brandished, fired or a bullet hits school property.

“This shooting follows the common patterns with planned attacks at schools. The perpetrator was a student (insider), committed a surprise attack during morning classes, and died by suicide before police arrived,” Riedman wrote Monday on his website.

It was the the latest among dozens of school shootings across the U.S. in recent years, including especially deadly ones in Newtown, ConnecticutParkland, Florida; and Uvalde, Texas.

Police stand outside of SSM Health, which served as the reunification area for families and students of Abundant Life Christian School following a shooting that left three dead at the Madison, Wis., school on Dec. 16, 2024. (Brad Horn for Wisconsin Watch)

The shootings have set off fervent debates about gun control and frayed the nerves of parents whose children are growing up accustomed to doing active shooter drills in their classrooms. But school shootings have done little to move the needle on national gun laws.

Firearms were the leading cause of death among children in 2020 and 2021, according to KFF, a nonprofit that researches health care issues.

Madison Mayor Satya Rhodes-Conway said the country needs to do more to prevent gun violence.

“I hoped that this day would never come to Madison,” she said.

Wisconsin Watch contributed information to this story.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Teacher and a teenage student killed in a shooting at a Christian school in Wisconsin is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

U.S. Supreme Court to hear Catholic Charities plea to avoid Wisconsin unemployment tax

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The Supreme Court on Friday said it would take up a new religious rights case over whether a Catholic charitable organization must pay Wisconsin’s unemployment tax.

The justices will review a divided state Supreme Court ruling that refused to grant an exemption to the Catholic Charities Bureau, based in Superior, Wisconsin. The state court ruled that the work of Catholic Charities and four related organizations is primarily not religious, although it found that the motivation to help older, disabled and low-income people stems from Catholic teachings.

The case probably will be argued in the spring.

The Supreme Court in recent years has issued an unbroken string of decisions siding with churches and religious plaintiffs in disputes with states.

Lawyers for the Wisconsin groups argued to the court that the decision violates religious freedoms protected by the First Amendment. They also said the court should step in to resolve conflicting rulings by several top state courts on the same issue.

“Wisconsin is trying to make sure no good deed goes unpunished. Penalizing Catholic Charities for serving Catholics and non-Catholics alike is ridiculous and wrong,” Eric Rassbach, the lead lawyer for Catholic Charities at the Supreme Court, said in a statement.

Wisconsin Attorney General Joshua Kaul had urged the high court to stay out of the case, arguing that much of the groups’ funding comes from state and local governments, and the joint federal and state Medicaid program.

Employees don’t have to be Catholic and “people receiving services from these organizations receive no religious training or orientation,” Kaul wrote.

Catholic Charities has paid the unemployment tax since 1972, he wrote.

Wisconsin exempts church-controlled organizations from the tax if they are “operated primarily for religious purposes.” The state high court ruled that both the motivations and the activities have to be religious for organizations to avoid paying the tax.

A group of religious scholars, backing Catholic Charities, told the court that “the case involves governmental interference with religious liberty” that warrants the justices’ intervention.

Catholic, Islamic, Lutheran, Jewish and Mormon organizations also filed briefs in support of Catholic Charities.

At the state Supreme Court, the Freedom from Religion Foundation argued that a ruling for Catholic Charities would extend to religiously affiliated hospitals and some colleges across Wisconsin, potentially taking their employees out of the state unemployment insurance system.

Catholic Charities in Superior manages nonprofit organizations that run more than 60 programs designed to help older or disabled people, children with special needs, low-income families, and people suffering from disasters, regardless of their religion, according to court documents.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

U.S. Supreme Court to hear Catholic Charities plea to avoid Wisconsin unemployment tax is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

US Supreme Court rejects Wisconsin parents’ challenge to school guidance for transgender students

U.S. Supreme Court
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The U.S. Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.

The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.

Three justices, Samuel AlitoBrett Kavanaugh and Clarence Thomas, would have heard the case. That’s one short of what is needed for full review by the Supreme Court.

Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.

Sixteen Republican-led states had urged the court to take up the parents’ case.

Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.

A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.

But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.

“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

US Supreme Court rejects Wisconsin parents’ challenge to school guidance for transgender students is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Union rights take center stage in high-stakes Wisconsin Supreme Court race

Supreme Court
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Wisconsin’s state Supreme Court election next spring already had high stakes, with majority control on the line. But a judge’s ruling this week restoring collective bargaining rights to roughly 200,000 teachers and other public workers in the state further intensifies the contest.

The liberal-controlled court has already delivered a major win to Democrats by striking down Republican-drawn legislative maps. Pending cases backed by liberals seek to protect abortion access in the state and kneecap Republican attempts to oust the state’s nonpartisan elections leader.

Now, the court could be poised to notch another seismic win for Democrats, public teachers and government workers by restoring the collective bargaining rights they lost 13 years ago in a fight that decimated unions, sparked massive protests and emboldened Republicans who later restricted rights for private-sector unions.

Liberals gained the majority on the Wisconsin Supreme Court for the first time in 15 years following a 2023 election that had deep involvement from the Republican and Democratic parties, broke turnout records and shattered the national record for spending on a court race.

Abortion took center stage in that race. Now, it appears that union rights could be a major issue in the 2025 contest to replace a retiring liberal justice.

“You can make the argument that this race is more important than the race for the Legislature or the governor,” said Rick Esenberg, president of the conservative Wisconsin Institute for Law and Liberty, said Wednesday. “I don’t think you can understate the importance of this race to the voters, no matter which side of the political divide you are on.”

The April 1 election will pit Brad Schimel, a Republican judge who supports President-elect Donald Trump and served as Wisconsin’s attorney general from 2015 until 2019, against Susan Crawford, a liberal judge whose former law firm represented teachers in a lawsuit that sought to overturn the anti-collective bargaining law.

The Wisconsin Supreme Court, then controlled by conservatives, upheld the law known as Act 10 in 2014.

Crawford’s past attempt to overturn Act 10 raises questions about whether she could rule objectively on it, Schimel said in a statement to The Associated Press. His campaign on Monday branded Crawford as a “radical” and said she would be a “pawn” of the Democratic Party if elected.

Schimel, when he was attorney general, said he would defend Act 10 and opposed having its restrictions applied to police and firefighter unions, which were exempt from the law.

Treating public safety workers differently from others makes the law unconstitutional, Dane County Circuit Judge Jacob Frost ruled Monday. He sided with teachers and restored collective bargaining rights, a decision affecting about 200,000 workers in the state, according to the Wisconsin Policy Forum.

The Republican-controlled Legislature promptly appealed.

Crawford’s former law firm is not involved in the current case.

Crawford didn’t directly address a question from the AP about whether she would recuse herself from any case involving Act 10. But her campaign spokesperson, Sam Roecker, said Crawford “will make a decision at that time about whether she can be fair and impartial, based on the particular facts and parties.”

Roecker said Schimel’s immediate condemnation of the court’s ruling Monday “shows he has already prejudged this case.” Schimel didn’t respond to a request for comment on whether he would recuse himself from any case involving Act 10.

The appeal of Monday’s ruling striking down Act 10 would typically first be heard by a state appeals court — a process that could take months. But the public workers who sued could ask the state Supreme Court to take the case directly, which would make it possible for a ruling before the new justice is seated in August.

Crawford has been endorsed by the state teachers union, which was gutted after Act 10 became law, as well as the Wisconsin Democratic Party and all four of the current liberal justices on the court. In addition to suing to overturn the anti-union law, Crawford also previously represented Planned Parenthood in a case to expand Wisconsin abortion access.

Christina Brey, spokesperson for the statewide teachers union, the Wisconsin Education Association Council, said she couldn’t speculate about whether Crawford would hear a case challenging Act 10.

Brey said Crawford won the union’s endorsement because “we believe she is going to be the most dedicated and most impartial, constitution-believing judge to put on the Supreme Court.”

Schimel is endorsed by Republican Sen. Ron Johnson, all five of the state’s Republican congressmen, the conservative group Americans for Prosperity, and a host of law enforcement agencies and officials, including 50 county sheriffs.

If Crawford wins, liberal control of the court would be locked up until at least 2028, the next time a liberal justice is up for election.

Candidates have until Jan. 1 to enter the April 1 race. The winner will serve a 10-year term.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Union rights take center stage in high-stakes Wisconsin Supreme Court race is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Wisconsin unions score win as Dane County judge strikes down Act 10

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Wisconsin public worker and teachers unions scored a major legal victory Monday with a ruling that restores collective bargaining rights they lost under a 2011 state law that sparked weeks of protests and made the state the center of the national battle over union rights.

That law, known as Act 10, effectively ended the ability of most public employees to bargain for wage increases and other issues, and forced them to pay more for health insurance and retirement benefits.

Under the ruling by Dane County Circuit Judge Jacob Frost, all public sector workers who lost their collective bargaining power would have it restored to what was in place prior to 2011. They would be treated the same as the police, firefighter and other public safety unions that were exempted under the law.

Republicans vowed to immediately appeal the ruling, which ultimately is likely to go before the Wisconsin Supreme Court. That only amplifies the importance of the April election that will determine whether the court remains controlled 4-3 by liberal justices.

Former Gov. Scott Walker, who proposed the law that catapulted him onto the national political stage, decried the ruling in a post on the social media platform X as “brazen political activism.” He said it makes the state Supreme Court election “that much more important.”

Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.

Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.

The law was proposed by Walker and enacted by the Republican-controlled Legislature in spite of massive protests that went on for weeks and drew as many as 100,000 people to the Capitol. The law has withstood numerous legal challenges over the years, but this was the first brought since the Wisconsin Supreme Court flipped to liberal control in 2023.

The seven unions and three union leaders that brought the lawsuit argued that the law should be struck down because it creates unconstitutional exemptions for firefighters and other public safety workers. Attorneys for the Legislature and state agencies countered that the exemptions are legal, have already been upheld by other courts, and that the case should be dismissed.

But Frost sided with the unions in July, saying the law violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into “general” and “public safety” employees. He ruled that general employee unions, like those representing teachers, can not be treated differently from public safety unions that were exempt from the law.

His ruling Monday delineated the dozens of specific provisions in the law that must be struck.

Wisconsin Republican Assembly Speaker Robin Vos said he looked forward to appealing the ruling.

“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges,” Vos said in a statement.

Wisconsin Manufacturers and Commerce, the state’s largest business lobbying organization, also decried the ruling. WMC President Kurt Bauer called Act 10 “a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings.”

The Legislature said in court filings that arguments made in the current case were rejected in 2014 by the state Supreme Court. The only change since that ruling is the makeup of Wisconsin Supreme Court, attorneys for the Legislature argued.

The Act 10 law effectively ended collective bargaining for most public unions by allowing them to bargain solely over base wage increases no greater than inflation. It also disallowed the automatic withdrawal of union dues, required annual recertification votes for unions, and forced public workers to pay more for health insurance and retirement benefits.

The law was the signature legislative achievement of Walker, who was targeted for a recall election he won. Walker used his fights with unions to mount an unsuccessful presidential run in 2016.

Frost, the judge who issued Monday’s ruling, appeared to have signed the petition to recall Walker from office. None of the attorneys sought his removal from the case and he did not step down. Frost was appointed to the bench by Democratic Gov. Tony Evers, who signed the Walker recall petition.

The law has also led to a dramatic decrease in union membership across the state. The nonpartisan Wisconsin Policy Forum said in a 2022 analysis that since 2000, Wisconsin had the largest decline in the proportion of its workforce that is unionized.

In 2015, the GOP-controlled Wisconsin Legislature approved a right-to-work law that limited the power of private-sector unions.

Public sector unions that brought the lawsuit are the Abbotsford Education Association; the American Federation of State, County and Municipal Employees Locals 47 and 1215; the Beaver Dam Education Association; SEIU Wisconsin; the Teaching Assistants’ Association Local 3220 and the International Brotherhood of Teamsters Local 695.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin unions score win as Dane County judge strikes down Act 10 is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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