Posts tagged unconstitutional
Court of Appeals Sides with WILL in Act 10 Case
August 2, 2026 // The Wisconsin Institute for Law & Liberty (WILL) secured a significant victory at the Wisconsin Court of Appeals after they upheld Act 10 in Abbotsford Education Association v. WERC. WILL represented a teacher who supported and benefited from the law signed by Governor Scott Walker in 2011. The Quote: Lucas Vebber, WILL Deputy Counsel, stated, “WILL has fought to protect Act 10 since its enactment because of the substantial benefits provided to taxpayers and local governments. For 15 years, various legal challenges have been unsuccessful, because ultimately this is a law signed by the Governor and passed by a duly elected legislature which meets all constitutional requirements. As this case likely heads to the Wisconsin Supreme Court, we stand ready to make the case once again.”
Appeals court overturns ruling declaring Act 10 unconstitutional
July 30, 2026 // The Wisconsin Supreme Court is weeks away from the investiture of Appeals Court Judge Chris Taylor as its newest member. Taylor joining the Court gives liberals a 5-2 majority on the panel. However, Justice Brian Hagedorn has already recused himself from previous procedural decisions involving this case because he served as Walker’s legal counsel and played a major role in writing Act 10. If the Supreme Court were to take up the case, it’s likely a final decision wouldn’t be reached until after November’s elections and the inauguration of a new governor and start of a new legislative session in January. With Democrats hopeful they’ll be able to win trifecta control of state government, the actions of the other two branches of government could render the lawsuit moot.
The Texas Case That Could Bring Down the NLRB
June 13, 2026 // That’s the reality of a May decision by a U.S. district court in Fort Worth in the case Aunt Bertha v. National Labor Relations Board. The court ruled that the NLRB – the main government agency overseeing union organizing and collective bargaining in the private sector – is unconstitutional on multiple counts. This case seems destined to head to the Supreme Court, and if it does, Congress may have to rewrite federal labor law to meet workers’ needs in the 21st century.
Oregon Court Strikes Down Cannabis LPA Mandate – What It Could Mean for California Businesses
February 26, 2026 // California’s mandate is currently being challenged in federal court in Ctrl Alt Destroy, Inc. v. Elliott et al, Case No. 3:24-cv-00753, 2025 WL 790963 (S.D.CA 2025). The case is now pending further review. If the courts ultimately find that California’s requirement conflicts with federal labor law, as the Oregon court did, the mandate could be struck down. Until then, however, it technically remains enforceable.
Freedom Foundation Challenges Oregon’s Unconstitutional Speech Law in Federal Court
February 17, 2026 // “We made a strong constitutional case today. HB 3789 uses undefined terms and severe financial penalties to target speech the unions don’t like,” said Freedom Foundation Litigation Counsel Rebekah Schultheiss. “The First Amendment doesn’t allow that, and we’re confident the court will recognize this law for what it is.” The law, which took effect on Jan. 1, allows unions to sue the Freedom Foundation for “impersonating” a union.
A new California law gives the state more power over workplaces. Trump is suing to block it
January 1, 2026 // With the NLRB unable to fulfill its duties, states are trying to fill the gap in enforcing the National Labor Relations Act, which Congress passed in 1935. But labor experts contacted by CalMatters do not have high hopes for the California law, which is similar to a law passed in New York this year. They said courts, including the Supreme Court, have ruled that states cannot decide matters pertaining to federal labor law because of preemption, the doctrine that a higher authority of law overrides a lower authority.
Wonderful vows to fight pro-union ‘card check’ law after court rules lawsuit improper
December 9, 2025 // Cooper said the decision does not explicitly address the merits of Wonderful Nurseries constitutional challenge, which a lower court has already concluded has merit, he said. Also, the decision does not interfere with a separate lawsuit filed in federal court by nearly two dozen workers represented by the Right to Work Foundation, he said. “And nothing in the ruling prevents the Superior Court from deciding that the Card Check law indeed violates the California and federal Constitutions, a decision we look forward to,” he said.
Court rejects New York bid to take over federal labor enforcement
December 2, 2025 // Unions have been pushing labor-friendly states to pass laws allowing state officials to take over workplace enforcement matters when the NLRB cannot respond in a timely manner. New York and California have been leading in this effort, passing laws to that effect in September. The laws give unions a potentially major legal advantage over businesses in workplace disputes, including contested union elections. The laws would only come into play if the NLRB itself is inactive, but that’s been an increasingly common phenomenon in recent years. The NLRB’s five-member board is currently down to just one member due to a combination of members’ terms expiring, some firings by the Trump administration, and slow Senate confirmations.
California court drops Wonderful Co. lawsuit against farmworker unionization efforts
December 1, 2025 // Craig Cooper, general counsel of The Wonderful Company, said in a statement on Tuesday the court ruling doesn’t prevent the Superior Court from finding the card check law to be unconstitutional, which is a decision that Wonderful “(looks) forward to.” “The decision explicitly does not address the merits of Wonderful Nurseries’ constitutional challenge, which a lower court has already concluded has merit, and does not in any way interfere with the lawsuit that two dozen Wonderful Nurseries employees have brought challenging the legality of this forced unionization scheme,” Cooper said in the statement.
Unions sue over Trump administration’s political ‘loyalty’ hiring plan
November 7, 2025 // Unions representing federal workers filed a lawsuit on Thursday challenging a decision by U.S. President Donald Trump's administration to include what they said is a partisan "loyalty question" in more than 1,700 job posts since October's start.