Columbus, OH—On Monday, The Buckeye Institute filed an amicus brief in Abbotsford Education Association v. Wisconsin Employment Relations Commission, urging the Wisconsin Court of Appeals to uphold the carefully constructed constitutional balance between the peoples’ right to govern themselves and ensuring fundamental rights are not trammeled.

“The careful constitutional balance envisioned by the Framers of the U.S. Constitution is based on a crucial element—judicial deference to legislative policy decisions—especially those relating to government spending,” said Jay R. Carson, senior litigator at The Buckeye Institute. “In practical terms, this means that for the opponents of Wisconsin’s Act 10, their remedy is found in the statehouse, not the courthouse.”

In its brief, The Buckeye Institute argues that the legislature has the power of the purse and the right and responsibility to control government spending and public employment decisions. In Abbotsford Education Association v. Wisconsin Employment Relations Commission, the circuit court exceeded its authority when it invalidated the legislature’s actions, which saved the state billions of dollars.

The Wisconsin Institute for Law & Liberty is representing a party in this case.

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UPDATE: On July 29, 2026, adopting several arguments put forward by The Buckeye Institute, the Wisconsin Court of Appeals for District II ruled that Act 10 does not “violate the equal protection guarantees set forth in the Wisconsin Constitution, and, accordingly, there was no basis upon which the circuit court could strike any portion of Act 10.”