The Racine Public Schools is considering suing the state over adequate school funding after its school district was included in the voucher program in the latest state budget. Labor unions have started legal action because they believe the state bargaining law discriminates against certain employee classes in violation of the federal constitution.
Disabilities Rights Wisconsin and the ACLU have filed a complaint with the Justice contending that the voucher program discriminates against children with disabilities. The new state budget exasperates the problems, they contend. This complaint is almost certain to go to court.
The legislature has passed one of the most restrictive voter I.D. registration procedures in the country. Voter I.D. is headed for court.
The Wisconsin Association of School Board’s lawyers are less likely to be involved in collective bargaining and more involved in court actions as individuals and teacher organizations head to court over firings and civil service regulations.
This is just the tip of the iceberg. Healthcare, environmental regulations, tax provisions, – the list goes on and on. One can find dozens of areas which may be challenged in court costing the state, local governments and individuals millions of dollars over the next few years. Parts of the new budget are likely to be put on hold through court injunctions. Just because Republicans have passed a budget doesn’t mean all of it is going into effect.
Given the makeup of the Wisconsin Supreme Court and its willingness to support more conservative or rightwing positions, suits are more likely to head to the federal court. The DRW and ACLU complaint on disabilities discrimination in the voucher program is based upon federal equal access laws. Racine Public Schools have a slim chance in winning an adequate funding case in state court. Milwaukee has been down that road before and lost. Racine would be better positioned if they can find federal violations.
Not in all cases do complainants expect to win. Rather they may be going for delays, looking for court injunctions. With recall elections coming, and the possible recall of Governor Walker, they hope to delay implementation of some state provisions long enough that a change in elected officials can overturn newly enacted provisions through the legislative process.
Republicans shouldn’t be surprised by all this possible legal action. They are overturning whole aspects of the state code that have been the law in Wisconsin for years, often fully vetted through the court system in the past. With new laws, come new court challenges.
It is a good time to be a constitutional lawyer in Wisconsin.
