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MADISON — Attorney General J.B. Van Hollen issued the following comment in response to the “Certification by Wisconsin Court of Appeals” issued earlier today in Madison Teachers, Inc., et al. v. Walker, et al., Appeal No. 2012 AP 2067:
“This is a positive development for those of us defending 2011 Act 10. Any remaining issues concerning Act 10 need to be resolved as soon as possible and this action by the Court of Appeals gives the Wisconsin Supreme Court an opportunity to resolve them in a final, binding decision. I continue to believe that Act 10 is constitutional in all respects and anticipate that our Supreme Court will come to the same conclusion, whether it takes the case now on certification, or later after a Court of Appeals decision.”
A certification by the Court of Appeals is provided by Wis. Stat. § 809.61. The Supreme Court has discretion to accept or deny the certification, in its discretion, and there is no procedure for the parties to present argument on whether or not certification should be granted.
A copy of the Certification by Wisconsin Court of Appeals is available at the following link: