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State attorneys formally asked a Madison judge on Monday to stay his ruling declaring Wisconsin's right-to-work law unconstitutional while they appeal the decision.

State Justice Department attorneys filed a motion requesting a stay with Dane County Circuit Judge William Foust as well as a notice of appeal with the 3rd District Court of Appeals. If Foust grants the stay, the law would remain in effect until the appeal is settled.

The DOJ attorneys argued in their motion that leaving right-to-work in place won't cause labor unions substantial harm and the law clearly benefits the public since 25 other states have such statutes. Without a stay, non-union members could be forced to pay dues, upsetting families that rely on weekly paychecks, they added.

"This (ruling) will have significant, immediate impacts on the State and its citizens," the motion said. "Due respect for the presumption of constitutionality and the public interest requires that the judgment should be stayed until the appellate courts can finally decide whether Wisconsin, alone among its sister States, is prohibited from enacting a right-to-work law."