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Fox Senior Legal Advisor Judge Andrew Napolitano on collective bargaining, unions, and what can be done to solve problems in Wisconsin and Michigan.
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Top of the stack after Wisconsin governor Scott Walker enacted a law prohibiting collective bargaining for most public employees.
A judge in Dane County -- -- -- now says.
It's unconstitutional.
Joining me now is Fox News senior judicial analyst Andrew and Apollo top.
So judge -- that all these constitutional.
Arguments going on let's start with with Wisconsin so this Dane County judge says it's out to people.
Voted for Scott Walker the the legislature voted for this law of course to people's voice counts doesn't -- And he survived a recall and and survived that overwhelmingly -- essence of the recall was over our collective bargaining.
Look the judge has found some constitutional.
Obstacles in the Wisconsin constitution.
Whether he's motivated by a value set that generally supports unions weather is motivated by strict Fidelity into the constitution.
I don't think we'll know I do expect.
That this decision invalidating Wisconsin law will be overturned.
By the Wisconsin Supreme Court but there is an interest in -- -- and one of and in the armor one of the objections that the judge found was this doesn't apply to everybody.
This does not apply -- -- this does not invalidate.
Collective bargaining for all public unions involves -- for all public unions except police and fire right.
Now the Wisconsin constitution and the federal constitution of something called an equal protection clause.
Which basically means you must treat similarly situated people -- groups in a similar way.
So -- you say the cops and fire will recognize your right to bargain collectively.
But two way EM -- and sanitation and teachers.
We won't recognize your right that that's the conundrum.
That the Wisconsin Supreme Court will have to wrestle with and that's the -- that this Dade County judge articulated.
So -- his opinion.
-- read on the road and the court and that what Wisconsin Supreme Court which is another whole part of this story.
Says you know you can't you gotta have equal protection can't the legislature go right back in and say fine cops and firefighters -- -- can't have -- A bargain well if they had the courage of their convictions they they would and they could.
But this -- say a rational.
And as Bill Buckley might have said elegantly wrought compromise.
And other words it was necessary to get some votes.
That the police and -- fire be exempted from this.
Because god forbid that certain legislate Tories should want to treat the cops in the farm in the way they treat everybody else that might be adverse political content.
Well as they tried that in Ohio.
Yeah they did say everybody cops firefighters every public employee and the people went in and said we don't like them.
In a stinging review for our former colleague now the governor of -- -- John basic it was set it was invalidated yeah then then as you mentioned -- Michigan.
-- in which there's an effort to put on the legislature a constitutional amendment -- prohibit.
A present or future governor or or or -- legislature.
From ever dressing that's because of the become a constitutional right specifically articulated in the Michigan at constitution its -- that.
The question can you do that can you say from here on out no.
Elected representative can change this constitutional amendment yes you can do that.
That of course would require another constitutional amendment if let's say this thing in Michigan passes.
And at and collective bargaining is say is a right enjoyed by all public employees in Michigan articulated.
In the constitution.
That could not be interfered with by -- court.
It could not be interfered with by a future governor and legislature it could only be done away with by -- future amendment to the constitution meaning a referendum.
In November.
Forgive me but I've seen these constitutional amendments that the people the amateur lawmakers have voted for various states where they have.
Propositions and initiatives and later all right judge comes along and says it but the constitutional amendment is not constitution that would be.
Very very difficult for a court to fine but I will tell you this the US constitution.
2223 pages some state constitutions.
Or for four.
Hundred pages because they are filled with very very my new principles of law.
That political groups wanted to enshrined in the constitution.
So that -- -- the legislature.
Couldn't interfere with it.
So don't be surprised if this thing passes in November and Michigan.
Only to be -- done in November in Michigan for four years from now when they realize how costly it is.
For labor unions to negotiate across the table with people they've elected to office and.
In the latest polls are it's slightly in the larger group in favor of saying yet we want -- constitutional amendment.
To allow anybody to collective bargain to join -- union.
But it's like 39% 36% -- against it but there's a 23%.
Undecided -- huge and so we don't know how this ain't gonna turn out right.
We don't know how it's gonna go out what -- didn't turn out we do know that there is crazy entity and Michigan right outside the trickle of government motors.
Which has financed.
The company.
And what does the company's principal client you know federal government and General Motors of course of which -- -- which is notable story about GM when we -- definitely right but don't know how those employees get out.
Well they go back to Wisconsin permitted because of Wisconsin Supreme Court that was also a lot of people outside of Wisconsin don't realize that was but another big part of the anti Scott Walker.
Movement -- also had a vote force their Supreme Court justices there was two judges one who was parole.
Less than one that was pro writes the pro right guy one which balance the tip the balance for that court.
Is to the right now the supreme court of Wisconsin has already ruled on this but it ruled on the timing of the filing of the lawsuit.
In favor of Governor Walker and -- legislation it didn't rule on the substance of the legislation.
Which will probably be forced to rule on now and very interesting the attorney general Wisconsin says he wants to enforce the legislation -- being appealed.
That cannot be done a declaration of unconstitutional now -- in validates the legislation from the beginning.
However unless there negotiating a contract there's nothing to -- -- this is not legislation that's enforced on a daily basis it only comes into existence when when a collectively bargained for contract expires and it's time to negotiate and that one -- this is it.
One of those those rules are laws that.
You know gets debated within discounted drifts off they've had demonstrate a bull measurable success.
In school districts and other government agencies around the state where they save money increase the number of teachers -- they've hired.
A bit there seems like people are pretty happy with.
It seems like this is the right thing to do for the majority do that collective bargaining is not a natural right -- speech or privacy.
Or travel or religion.
-- it's a privilege that the government can decide to give to certain groups and take away and as long as the government does it fairly the courts shouldn't be getting involved aren't.
We'll find out we shall judge think -- always good to -- questions.
