Wisconsin Supreme Court agrees to hear unions' challenge to Act 10, Walker's 2011 law

On Wednesday, Nov. 11, the Wisconsin Supreme Court agreed to hear a new challenge to Act 10. That is the 2011 law, signed by then-Gov. Scott Walker, a Republican, that limits unions for most government workers ¹⁴. The vote to take the case was 5-1. The five liberal justices voted yes, and conservative Justice Annette Ziegler dissented ¹.

Conservative Justice Brian Hagedorn sat out. He was Walker's chief legal counsel when Walker introduced and signed Act 10 ². The court's order did not say why the justices took the case ²⁴. The law stays in effect while the case goes forward ³.

On tapeWISN 12 News · Nov 11

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The timing matters. The order came about a week after the Nov. 3 election gave Democrats control of every branch of Wisconsin state government ². Democrats take over the Legislature on Jan. 4, 2027, for the first time since Act 10 passed ¹.

What Act 10 did to public workers

Act 10 split public workers into two groups. Police and firefighters, called "public safety employees," kept their union rights. Most other public workers, called "general employees," lost them ². For most public unions, bargaining was limited to raises no bigger than inflation ¹⁷.

From Channel GOPTom Tiffany concedes Wisconsin governor race to CrowleyTom Tiffany · 328 plays · captioned, with the source named

The law also moved costs onto workers. Before Act 10, employers paid more than 99% of contributions to the Wisconsin Retirement System, the state's public pension fund. By 2020 they paid about half ⁷. Government health plans now cover a capped share of premiums, and workers pay roughly 12% ¹.

Unions also have to win a new vote every year, with yes votes from a majority of everyone eligible, not just the people who cast ballots ¹³. Many unions disbanded instead ⁷. Public-sector union membership in Wisconsin fell from 46.6% in 2010 to 18.5% in 2025, according to a Center for Economics and Policy Research report ⁷.

On tapeWXOW News 19 · Nov 11

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How the case got here

A group of unions filed the lawsuit in November 2023 ². They argue that Act 10's two groups make no sense. The general employees group includes state prison correctional officers, conservation wardens and Capitol Police, and the unions say there is no rational basis for treating those workers differently from police and firefighters ².

In December 2024, Dane County Circuit Judge Jacob Frost ruled the law unconstitutional, but he paused his own ruling almost at once ². In July 2026, a state appeals court overturned him 2-1, saying earlier state and federal rulings that upheld the law had already settled the issues ².

The unions' written argument is due Dec. 11. The other side then has 20 days to respond, and the unions get 10 days to reply. No date has been set for oral argument or a ruling, though the unions expect a decision before next summer ³.

Democrats weigh repeal; Republicans cite costs

Incoming Assembly Speaker Greta Neubauer, a Democrat, has said Democrats will push to restore bargaining rights for public and private sector workers. No repeal bill has been introduced, and no timeline has been set ¹.

We're going to be, of course, discussing with Governor-elect Crowley and our caucus here about the right timeline

Gov.-elect David Crowley, a Democrat, waved off cost estimates from the conservative Wisconsin Institute for Law & Liberty (WILL) ⁴. WILL estimates repeal could cost more than $2 billion a year: $1.5 billion for schools and nearly $500 million for cities, villages and counties ⁴⁵. During the campaign, Crowley said repeal would not wipe out worker payments into retirement ⁷.

Restoring bargaining rights does not mean every employee automatically stops contributing toward retirement

New Senate Republican leader Julian Bradley repeated the $2 billion figure in a statement and accused the court of rushing to act before the new Democratic majority does ⁶⁴.

We have a radical court and a new radical left trifecta

Not all analysts agree with that estimate. Tyler Byrnes of the nonpartisan Wisconsin Policy Forum has said state limits on how much local governments can raise in revenue make a sudden large cost increase unlikely, though costs could rise over time ⁷. WILL, which has defended the law since 2011, said it is prepared to argue the case again ⁵.

We stand ready to make that case once again.

What it means

That matters because Wisconsin voters elected the court's liberal majority, and court elections there are close contests. Ziegler is retiring but will serve through the end of her term next July, and two liberal candidates are running for her seat ². Since Hagedorn has stepped aside, the case could be decided by five liberal justices and Ziegler ².

Public opinion leans toward the unions. A Marquette Law School poll in August found 54% of registered voters wanted pre-Act 10 bargaining restored, and 43% wanted to keep the law ⁷.

The pattern is that Act 10 became a model for limits on public unions, and now it faces two threats at once: a court ruling and a repeal bill. Either one could undo the law 15 years after it took effect ¹³.

The Record

1. Aug 26, 2026A Marquette Law School poll finds 54% of Wisconsin voters want pre-Act 10 bargaining restored and 43% want to keep the law ⁷.
2. Nov 3, 2026Wisconsin's election gives Democrats control of every branch of state government ²⁷.
3. Nov 11, 2026The Wisconsin Supreme Court votes 5-1 to hear the unions' Act 10 challenge. Justice Ziegler dissents, and Justice Hagedorn does not take part ¹.
4. Dec 11, 2026The unions' written argument is due to the state Supreme Court ³.
5. Jan 4, 2027Democrats take control of the Wisconsin Legislature for the first time since Act 10 passed ¹.

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<h2>Wisconsin Supreme Court agrees to hear unions&#39; challenge to Act 10, Walker&#39;s 2011 law</h2> <p><em>By The GOP Files Courts Desk. This article first appeared on <a href="https://thegopfiles.com/story/wisconsin-supreme-court-agrees-to-hear-unions-challenge-to-act-10-walker-s-2011">The GOP Files</a> on Thursday, November 12, 2026.</em></p> <p>On Wednesday, Nov. 11, the Wisconsin Supreme Court agreed to hear a new challenge to Act 10. That is the 2011 law, signed by then-Gov. Scott Walker, a Republican, that limits unions for most government workers . The vote to take the case was 5-1. The five liberal justices voted yes, and conservative Justice Annette Ziegler dissented .</p> <p>Conservative Justice Brian Hagedorn sat out. He was Walker&#39;s chief legal counsel when Walker introduced and signed Act 10 . The court&#39;s order did not say why the justices took the case . The law stays in effect while the case goes forward .</p> <p>The timing matters. The order came about a week after the Nov. 3 election gave Democrats control of every branch of Wisconsin state government . Democrats take over the Legislature on Jan. 4, 2027, for the first time since Act 10 passed .</p> <h2>What Act 10 did to public workers</h2> <p>Act 10 split public workers into two groups. Police and firefighters, called &quot;public safety employees,&quot; kept their union rights. Most other public workers, called &quot;general employees,&quot; lost them . For most public unions, bargaining was limited to raises no bigger than inflation .</p> <p>The law also moved costs onto workers. Before Act 10, employers paid more than 99% of contributions to the Wisconsin Retirement System, the state&#39;s public pension fund. By 2020 they paid about half . Government health plans now cover a capped share of premiums, and workers pay roughly 12% .</p> <p>Unions also have to win a new vote every year, with yes votes from a majority of everyone eligible, not just the people who cast ballots . Many unions disbanded instead . Public-sector union membership in Wisconsin fell from 46.6% in 2010 to 18.5% in 2025, according to a Center for Economics and Policy Research report .</p> <h2>How the case got here</h2> <p>A group of unions filed the lawsuit in November 2023 . They argue that Act 10&#39;s two groups make no sense. The general employees group includes state prison correctional officers, conservation wardens and Capitol Police, and the unions say there is no rational basis for treating those workers differently from police and firefighters .</p> <p>In December 2024, Dane County Circuit Judge Jacob Frost ruled the law unconstitutional, but he paused his own ruling almost at once . In July 2026, a state appeals court overturned him 2-1, saying earlier state and federal rulings that upheld the law had already settled the issues .</p> <p>The unions&#39; written argument is due Dec. 11. The other side then has 20 days to respond, and the unions get 10 days to reply. No date has been set for oral argument or a ruling, though the unions expect a decision before next summer .</p> <h2>Democrats weigh repeal; Republicans cite costs</h2> <p>Incoming Assembly Speaker Greta Neubauer, a Democrat, has said Democrats will push to restore bargaining rights for public and private sector workers. No repeal bill has been introduced, and no timeline has been set .</p> <blockquote><p>We&#39;re going to be, of course, discussing with Governor-elect Crowley and our caucus here about the right timeline</p><p>&mdash; Greta Neubauer, Incoming Wisconsin Assembly speaker, D-Racine</p></blockquote> <p>Gov.-elect David Crowley, a Democrat, waved off cost estimates from the conservative Wisconsin Institute for Law &amp; Liberty (WILL) . WILL estimates repeal could cost more than $2 billion a year: $1.5 billion for schools and nearly $500 million for cities, villages and counties . During the campaign, Crowley said repeal would not wipe out worker payments into retirement .</p> <blockquote><p>Restoring bargaining rights does not mean every employee automatically stops contributing toward retirement</p><p>&mdash; David Crowley, Wisconsin governor-elect, D-Wisconsin</p></blockquote> <p>New Senate Republican leader Julian Bradley repeated the $2 billion figure in a statement and accused the court of rushing to act before the new Democratic majority does .</p> <blockquote><p>We have a radical court and a new radical left trifecta</p><p>&mdash; Julian Bradley, Wisconsin Senate Republican leader, R-Wisconsin</p></blockquote> <p>Not all analysts agree with that estimate. Tyler Byrnes of the nonpartisan Wisconsin Policy Forum has said state limits on how much local governments can raise in revenue make a sudden large cost increase unlikely, though costs could rise over time . WILL, which has defended the law since 2011, said it is prepared to argue the case again .</p> <blockquote><p>We stand ready to make that case once again.</p><p>&mdash; Lucas Vebber, Deputy counsel, Wisconsin Institute for Law &amp; Liberty</p></blockquote> <h2>What it means</h2> <p>That matters because Wisconsin voters elected the court&#39;s liberal majority, and court elections there are close contests. Ziegler is retiring but will serve through the end of her term next July, and two liberal candidates are running for her seat . Since Hagedorn has stepped aside, the case could be decided by five liberal justices and Ziegler .</p> <p>Public opinion leans toward the unions. A Marquette Law School poll in August found 54% of registered voters wanted pre-Act 10 bargaining restored, and 43% wanted to keep the law .</p> <p>The pattern is that Act 10 became a model for limits on public unions, and now it faces two threats at once: a court ruling and a repeal bill. Either one could undo the law 15 years after it took effect .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/wisconsin-supreme-court-agrees-to-hear-unions-challenge-to-act-10-walker-s-2011">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/wisconsin-supreme-court-agrees-to-hear-unions-challenge-to-act-10-walker-s-2011.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. FOX6 News Milwaukee, “Wisconsin Act 10 faces double threat from Supreme Court, legislature” (2026-11-11). fox6now.com/news/wisconsin-act-10-double-threat-state-suprem
2. Wisconsin Public Radio, “Wisconsin Supreme Court will hear Act 10 lawsuit” (2026-11-11). wpr.org/news/wisconsin-supreme-court-act-10-lawsuit
3. Racine County Eye, “Wisconsin Supreme Court takes Act 10 case: Racine impact” (2026-11-11). racinecountyeye.com/2026/11/11/wisconsin-supreme-court-act-1
4. The Center Square (via Yahoo News), “Wisconsin Supreme Court says it will hear Act 10 case” (2026-11-11). yahoo.com/news/politics/articles/wisconsin-supreme-court-say
5. Wisconsin Institute for Law & Liberty, “Wisconsin Supreme Court to Hear Act 10 Appeal, WILL Reacts” (2026-11-11). will-law.org/wisconsin-supreme-court-to-hear-act-10-appeal-w
6. WisPolitics, “Sen. Bradley: Statement from Senate Republican leader Julian Bradley on Supreme Court's Act 10 announcement” (2026-11-11). wispolitics.com/2026/sen-bradley-statement-from-senate-repub
7. Wisconsin Watch, “Wisconsin's controversial anti-union law faces a reckoning this fall. Here's what that could mean.” (2026-10-05). wisconsinwatch.org/2026/10/wisconsin-act-10-union-law-reckon
8. WISN 12, “Wisconsin Supreme Court to hear Act 10 challenge as unions push to overturn labor law” (2026-11-11). wisn.com/article/wisconsin-supreme-court-to-hear-act-10-chal

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