Wisconsin Education Ass'n Council v. Walker

Elections have consequences, as this case reminds us. Although the rationales offered for the State’s different treatment of collective bargaining for “public safety” employees and “general” employees seem flimsy to me, the highly deferential rational-basis review requires that we uphold the principal provisions of Wisconsin’s Act 10 against equal protection challenges. This is particularly true where the federal Constitution would not prevent the State from removing all collective bargaining rights of public employees. I therefore join the portion of the judgment upholding the new statutory…