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INTERNATIONAL ASS'N OF MACHINISTS v. STATE

Appeal No. 2016AP820.

903 N.W.2d 141 (2017)

2017 WI App 66

INTERNATIONAL ASSOCIATION OF MACHINISTS DISTRICT 10 AND ITS LOCAL LODGE 1061, United Steelworkers District 2 and Wisconsin State AFL-CIO, Plaintiffs-Respondents, v. STATE of Wisconsin, Scott Walker, Brad Schimel, James R. Scott and Rodney G. Pasch, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed September 19, 2017.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Brad D. Schimel , attorney general, Misha Tseytlin , solicitor general, Ryan J. Walsh , chief deputy solicitor general and Daniel P. Lennington and Luke N. Berg , deputy solicitors general. There was oral argument by Ryan J. Walsh.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of and oral argument by Frederick Perillo and Erin F. Medeiros of The Previant Law Firm, S.C., Milwaukee.

A nonparty brief was filed by Richard M. Esenberg and Brian W. McGrath of Wisconsin Institute for Law & Liberty, Milwaukee, and Milton L. Chappell and Nathan J. McGrath of National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia.

A nonparty brief was filed by Timothy G. Costello , David J.B. Froiland , Joseph P. Campbell and Darius T. Love of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Milwaukee.

Before Stark, P.J., Hruz and Seidl, JJ.

¶ 1 The issue in this appeal involves whether Wisconsin's "right-to-work law," 2015 Wisconsin Act 1 (Act 1), effectuates an unconstitutional taking of the property of labor organizations1 in violation of the Wisconsin Constitution. We conclude the parties challenging Act 1 have not met their burden of...

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