ZAC SCHULTZ:

JOINING ME NOW IS WISCONSIN ATTORNEY GENERAL BRAD SCHIMEL FOR HIS THOUGHTS. THANK YOU FOR BEING HERE.

BRAD SCHIMEL:

THANK YOU.

ZAC SCHULTZ:

NOW YOU DON’T ACCEPT THE REASONING THAT RIGHT TO WORK CREATES AN UNCONSTITUTIONAL TAKING. WHY IS THAT?

BRAD SCHIMEL:

WELL, THE QUESTION REALLY COMES DOWN TO WHO ARE WE TAKING IT FROM. BUT THERE ARE 26 STATES IN AMERICA NOW THAT HAVE RIGHT TO WORK LAWS. THIS ISSUE HAS BEEN ADDRESSED BEFORE AND LAWS HAVE BEEN UPHELD ON THIS VERY ISSUE. SO THERE’S AN AWFUL LOT OF PRECEDENT THAT SAYS THE LEGISLATURE CAN DO THIS IF THEY CHOOSE TO.

ZAC SCHULTZ:

HOW IMPORTANT IS THE JUDGE’S WRITTEN DECISION THAT’S COMING UP ABOUT WHETHER HE’LL PUT A STAY OR A HOLD ON HIS RULING PENDING APPEAL?

BRAD SCHIMEL:

WELL, IT’S VERY IMPORTANT. IF WE’RE IN A SITUATION WHERE THE LAW GETS PUT ON HOLD AND THE JUDGE’S ORDER GOES INTO EFFECT AND IT IMPACTS PEOPLE STATEWIDE, THEN THERE COULD BE AN AWFUL LOT OF CHAOS RIGHT NOW WHERE PEOPLE DON’T KNOW WHAT DIRECTION THE LAW IS GOING TO TAKE IN THE NEAR FUTURE. LONGTERM WE’LL KNOW AN ANSWER FROM THE COURT OF APPEALS BUT THIS INTERIM COULD BE A CONFUSING TIME FOR BUSINESS OWNERS AND FOR UNIONS AND FOR EMPLOYEES.

ZAC SCHULTZ:

AND THERE’S SOME QUESTION OF WHETHER THIS APPLIES IS EVEN BEYOND THE UNIONS THAT HAVE FILED SUIT OR TO EVERY UNION IN THE STATE.

BRAD SCHIMEL:

THAT IS AN OPEN QUESTION AS TO JUST HOW FAR THIS REACHES. DOES IT JUST APPLY TO THE PARTIES WHO ARE PLAINTIFFS IN THIS CASE? DOES IT APPLY OUTSIDE OF DANE COUNTY BECAUSE A DANE COUNTY CIRCUIT COURT ORDER DOESN’T HAVE ANY PRECEDENTIAL AUTHORITY IN ANY OTHER COUNTY? WE COULD HAVE JUDGES IN ALL 72 COUNTIES ISSUING DECISIONS THAT ARE ALL OVER THE BOARD. SO ULTIMATELY WE’RE HOPING WE CAN GET A STAY UNTIL THE COURT OF APPEALS, WHICH WOULD HAVE AUTHORITY TO DICTATE THE RULE STATEWIDE, UNTIL WE GET THERE AND HAVE A DECISION.

ZAC SCHULTZ:

IS THAT THE PLAN, TO GO TO THE COURT OF APPEALS?

BRAD SCHIMEL:

YES.

ZAC SCHULTZ:

NOT TO ASK THE SUPREME COURT TO TAKE IT DIRECTLY?

BRAD SCHIMEL:

WE WILL PROBABLY PROCEED IN THE COURT OF APPEALS.

ZAC SCHULTZ:

AND HOW CONFIDENT ARE YOU THERE?

BRAD SCHIMEL:

WELL, GIVEN THE AMOUNT OF PRECEDENT THAT HAS ADDRESSED THIS IN OTHER STATES AND IN THE FEDERAL COURTS AND IN PARTICULAR IN THE 7TH CIRCUIT COURT OF APPEALS, WHICH IS THE FEDERAL DISTRICT THAT WE’RE IN, WE FEEL VERY CONFIDENT.

ZAC SCHULTZ:

DID THE JUDGE IN THIS CASE JUST NOT READ THE NATIONAL PICTURE? OR HOW DO YOU EXPLAIN HIS DECISION IN THIS CASE?

BRAD SCHIMEL:

WELL, HE WAS — I GUESS THE ONLY EXPLANATION IS HE WAS PERSUADED BY THE ARGUMENT THAT THE PLAINTIFFS’ ATTORNEYS MADE AND WE THINK HE’S MADE A MISTAKE. AND WE’LL CHALLENGE THAT IN THE COURT OF APPEALS. THAT’S THE NORMAL PROCESS.

ZAC SCHULTZ:

IF THIS GETS TO THE STATE SUPREME COURT, ARE YOU CONFIDENT THAT THIS LAW WILL BE UPHELD?

BRAD SCHIMEL:

YES. AGAIN, THE PRECEDENT’S ON OUR SIDE.

ZAC SCHULTZ:

IN THAT CONTEXT, HOW IMPORTANT WAS THE MOST RECENT STATE SUPREME COURT RACE WITH REBECCA BRADLEY WINNING IN TERMS OF BEING CONFIDENT THAT THAT LAW WILL BE UPHELD?

BRAD SCHIMEL:

WELL, FROM MY PERSPECTIVE IT’S VERY IMPORTANT THAT JUDGES DON’T BECOME SUPER LEGISLATORS. THE SAME IS TRUE FOR MY POSITION AS ATTORNEY GENERAL. MY JOB IS DEFEND THE LAW THE WAY IT’S WRITTEN. NOT TRY IMPOSE MY PERSPECTIVE ON IT. THE SAME IS TRUE FOR SUPREME COURT JUSTICES. THAT’S WHAT JUSTICE BRADLEY PURPORTS TO BE HER JUDICIAL PHILOSOPHY, SO THAT IS IMPORTANT FOR US.

ZAC SCHULTZ:

YOU WERE AT JUSTICE BRADLEY’S ELECTION NIGHT PARTY ALONG WITH SOME OF THE OTHER CONSERVATIVES ON THE BENCH AND A NUMBER OF OTHER REPUBLICAN PARTY LEADERS. WHEN THE PUBLIC SEES THOSE IMAGES AND HEARS OF THAT RELATIONSHIP, SHOULD THAT CAUSE ANY DOUBT ON THEIR VIEW OF THE SUPREME COURT AS BEING IMPARTIAL?

BRAD SCHIMEL:

WELL, I HAVE KNOWN JUSTICE BRADLEY FOR A LONG TIME. I KNOW HER TO BE A GOOD-HEARTED, VERY, VERY BRIGHT PERSON WHO’S THOUGHTFUL AND DOES HER WORK CAREFULLY. IN THE COURSE OF THE RACE WHEN IT COULD INFLUENCE HOW OTHER VOTERS MADE DECISIONS, I STAYED OUT OF THE RACE. WHEN IT CAME TIME, THOUGH, AFTER THE VOTES WERE CAST, I WENT THERE AS A PRIVATE CITIZEN AND AS ATTORNEY GENERAL TO SUPPORT HER.

ZAC SCHULTZ:

SO HOW SOON DO YOU EXPECT A FINAL WRITTEN DECISION FROM JUDGE FOUST ON THIS?

BRAD SCHIMEL:

YOU KNOW THIS COULD COME ANYTIME. I THINK THE LAST OF THE BRIEFS IN THE DEBATE OF WHAT THE ORDER SHOULD LOOK LIKE WAS FILED LATE THURSDAY AFTERNOON, SO ANYTIME NOW WE COULD KNOW.

ZAC SCHULTZ:

THANK YOU FOR YOUR TIME TODAY. WE APPRECIATE IT.

BRAD SCHIMEL:

THANK YOU.