On July 29, 2026, the Wisconsin Court of Appeals confirmed the validity of 2011 Wisconsin Act 10 (“Act 10”), the legislation that significantly curtailed many Wisconsin public employees’ collective bargaining rights. The appellate court reversed a 2024 Dane County Circuit Court decision that deemed portions of Act 10 unconstitutional. In that lower court decision, Judge Jacob B. Frost ruled that the defendants failed to establish a rational basis for Act 10’s distinction between public safety employees and those of other public employees.
The Wisconsin Legislature (and the other defendants) appealed Judge Frost’s decision. On appeal, the central issue was framed as “whether Act 10 violates the Equal Protection Clause of the Wisconsin Constitution.” In concluding that it does not, the Court of Appeals focused on several prior state and federal decisions upholding Act 10, including Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337 (“Madison Teachers”), and Wisconsin Education Ass’n Council v. Walker, 705 F.3d 640 (7th Cir. 2013) (“WEAC”), both of which considered and rejected constitutional challenges to the 2011 law.
Relying on the Wisconsin Supreme Court’s reasoning in Madison Teachers, the Court of Appeals concluded that Act 10 bears a rational relationship to a legitimate governmental interest because it “advance[d] the legislative purpose of improving Wisconsin’s fiscal health through enhanced control over public expenditures.” The Court further held that the legislature had a rational basis for treating public safety employees differently from other public employees, emphasizing the legal analysis found in both Madison Teachers and WEAC.
Although the Court of Appeals has upheld Act 10 once again, it is virtually certain that the plaintiffs will petition the Wisconsin Supreme Court for review. In other words, it is highly unlikely that this is the “end of the road.”
Buelow Vetter will continue to monitor this significant litigation and provide updates as developments warrant. Because the litigation is ongoing, we recommend that Wisconsin public employers maintain the status quo. However, we appreciate that public entities will need to think strategically about all possible outcomes. Areas for potential consideration may include not only general questions regarding the repercussions of a final decision from the Wisconsin Supreme Court, but also review of policy documents, such as personnel handbooks and forms, employment contracts, and benefits structures. If you have questions about how your organization should proceed, please do not hesitate to contact your Buelow Vetter attorney.
