Good morning.
Tuesday in Whitewater will be partly cloudy with a high of 30. Sunrise is 7:08, and sunset is 4:21, for 9 hours, 13 minutes of daytime. The moon is a waxing crescent with 6 percent of its visible disk illuminated.
The Whitewater Common Council meets at 6:30 PM.
On this day in 1947, the first TV station in Wisconsin, WTMJ-TV in Milwaukee, is established. The seventeenth television station in the country, WTMJ-TV is the first in the Midwest.
We live in time when past judicial decisions are discarded, at the federal and state level. It should not surprise, although it still does, that prior legislation and prior court rulings to it are again set aside. And so, as one would have expected since July, Act 10 has been ruled unconstitutional:
Judge Jacob Frost ruled that Act 10, passed by the state Legislature’s Republican majority in 2011 and signed by former Republican Gov. Scott Walker in his first year in office, was unconstitutional in making some public safety workers exempt from the law’s limits on unions but excluding other workers with similar jobs from those protections.
The ruling essentially confirmed Frost’s ruling on July 3, 2024, when he rejected motions by the state Legislature’s Republican leaders to dismiss the 2023 lawsuit challenging Act 10.
In that ruling, Frost declared that state Capitol Police, University of Wisconsin Police, and state conservation wardens were “treated unequally with no rational basis for that difference” because they were not included in the exemption that Act 10 had created for other law enforcement and public safety employees.
For that reason, the law’s categories of general and public safety employees, and its public safety employee exemption, were unconstitutional, Frost wrote then.
Frost reiterated that ruling Monday. “Act 10 as written by the Legislature specifically and narrowly defines ‘public safety employee,’” Frost wrote. “It is that definition which is unconstitutional.”
In addition, the judge rejected the suggestion that Act 10 could remain in effect without the law’s public safety employee carve-out, and that either the courts or the Wisconsin Employment Relations Commission could resolve a constitutionally acceptable definition in the future.
“The Legislature cites no precedent for this bold argument that I should simply strike the unlawful definition but leave it to an agency and the courts to later define as they see fit,” Frost wrote. “Interpreting ‘public safety employee’ after striking the legislated definition would be an exercise in the absurd.”
See Erik Gunn, Judge strikes down core parts of Act 10 that stripped most public workers’ union rights, Wisconsin Examiner, December 2, 2024.
Video captures cliffside rescue in San Francisco: