How each of the Democratic candidates for governor would approach Act 10
All five Democratic candidates in the race for governor — former Lt. Gov. Mandela Barnes, former state Department of Administration secretary Joel Brennan, Milwaukee County Executive David Crowley, state Rep. Francesca Hong and state Sen. Kelda Roys — told the Wisconsin State Journal they support a full repeal of Act 10.
The winner of the August primary will advance to November to face presumptive GOP governor nominee and U.S. Rep Tom Tiffany, who voted in favor of Act 10 while serving in the state Legislature. Tiffany has argued a repeal of Act 10 would cost Wisconsin taxpayers upwards of $2 billion a year. Long-shot GOP candidate Andy Manske has said the fate of Act 10 will be decided by the state Supreme Court.
The field of Democratic candidates were asked what they’d hope to do with regard to Act 10 if elected governor, and what specific components of the 2011 law they’d seek to repeal.
Here’s what they had to say:
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By traditional equal protection analysis, there is no argument that Act 10 violates the equal protection clause. Rational basis review does not mean “a rationale I find persuasive.” A rational basis often must include “things we had to do to get enough votes.” To say otherwise, would be a failure to acknowledge the nature of the legislative. While excluding classes on the basis of race, sex or for mere favoritism should be problematic, a law’s failure to be comprehensive can’t make it unconstitutional. Striking Act 10 down would be legislating from the bench which, frankly, has always been a big part of the progressive legal project.
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Notes and links on Wisconsin Act 10.
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Early Literacy Screener Map.
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