I focused on the decision itself – that Colas’ decision declared that Walker had removed constitutionally guaranteed rights of public sector union workers: “Verdict: Walker took constitutional rights to speech, association, equality, home rule”.

...


The issue at the heart of the Lawson case was a federal law that restricted members of “subversive organizations” from entering federally subsidized housing (Yes. This was the McCarthy Era). During the 50?s, the U.S. Attorney General had developed a list of organizations that were considered a threat to the United States such as the Communist Party. Americans who wanted to enter into subsidized housing had to sign a loyalty oath following enactment of 1952 legislation nicknamed the Gwinn Amendment. The Milwaukee case declared the Gwinn Amendment unconstitutional. (Well there was a lot more to that story - but I'll leave it there for now.)

...

Since Mid-2011, Judge Colas’ explained, under Walker’s act 10 and 32, Wisconsin public union members have been unable to come together with other members – to associate – “for the purpose of being the exclusive agent in collective bargaining” unless they gave up rights. They were forced to give up the right to bargain over anything outside of wages. Meanwhile other Wisconsinites have had the freedom to bargain singularly or collectively over whatever aspects of worklife they choose to — healthcare, pensions, work safety, scheduling and so on. The state has, under Walker’s Acts and statutes, rewarded the citizen of Wisconsin when he or she abandoned union membership.

The judge says if the defendant, Walker et al, could argue that a “significant evil” was prevented by infringing the rights of union member citizens to their speech and association, then the restriction could persist. Judge Colas said that the defendant made no case for that “significant evil”. Walker’s representation instead denied that they had infringed on rights at all.