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Published March 29, 2011, 08:40 AM

Appeals Court rejects DOJ request in union case

A Wisconsin appeals court has rejected the state Justice Department's request to withdraw an appeal it had made to a lower court's order barring the secretary of state from publishing a law taking away public workers' collective bargaining rights.

By: The Associated Press, Superior Telegram

MADISON, Wis. (AP) — A Wisconsin appeals court has rejected the state Justice Department's request to withdraw an appeal it had made to a lower court's order barring the secretary of state from publishing a law taking away public workers' collective bargaining rights.

The 4th District Court of Appeals on Tuesday said it lacked the authority to withdraw the appeal. The appeals court says it can't do that because it is awaiting word from the state Supreme Court on whether it would take the case and that is where the Justice Department should have directed its request.

The Justice Department argues the issues are now moot because the Legislative Reference Bureau published the law on a website Friday and it is now in effect. A judge was hearing arguments in the case Tuesday.

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