Via How Appealing come a link to this decision. Judge Hamilton’s lengthy partial dissent argues that the selective payroll deduction ban which was part of Wisconsin’s law against public unions violates the First Amendment prohibition on viewpoint discrimination in nonpublic forums.
I expect the unions to try to take this case en banc or to the Supreme Court. Judge Hamilton’s opinion ends:
“As I said at the outset, elections have consequences.The United States Constitution does not forbid all legislationthat rewards friends and punishes opponents. The principal provisions of Wisconsin’s Act 10 may fit that description, but they are still constitutional under the generous standard of rational-basis review. The new, selective limits on payroll deductions for union dues, however, are subject to the more demanding First Amendment standards for a nonpublic forum and flunk that test. I would affirm that portion of the district court’s judgment.”