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Conservative Wisconsin Supreme Court justice steps aside in pivotal union rights case

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FILE - In this Jan. 17, 2019, file photo, Wisconsin Appeals Court Judge Brian Hagedorn poses outside the Baraboo Public Library in Baraboo, Wis. Hagedorn serves on the board of a private school that prohibits anyone working there from being in a gay relationship and could expel students who are gay. Groups that advocate for gay rights in Wisconsin on Thursday, Feb. 14, 2019, said Hagedorn's involvement with the Augustine Academy in Waukesha disqualifies him from being able to serve as a fair, impartial judge on the state's Supreme Court. (Tim Damos/Baraboo News Republic via AP, File)

MADISON, Wis. (AP) — A conservative Wisconsin Supreme Court justice said Thursday he will not participate in a pending case that will determine whether tens of thousands of public sector workers regain collective bargaining rights that were taken away by a 2011 law.

Justice Brian Hagedorn drafted the law, known as Act 10, when he was chief legal counsel for then-Gov. Scott Walker. His decision to recuse himself from the case leaves the court with four progressive justices and two conservatives.

The Republican-controlled Legislature earlier this week asked that progressive Justice Janet Protasiewicz not hear the case because before she joined the court she called the law unconstitutional, signed a petition to recall Walker during the fight over the law and marched on the Capitol in protest in 2011.

Hagedorn, in a brief two-page order, said the law commands that he not hear the case. Democratic lawmakers on Tuesday had called on him to step aside.

“The issues raised involve matters for which I provided legal counsel in both the initial crafting and later defense of Act 10, including in a case raising nearly identical claims under the federal constitution,” Hagedorn wrote.

Protasiewicz has not responded to the call that she step aside. Even if she did, the court would still have a 3-2 progressive majority.

She did not participate in an incremental ruling Thursday related to the case.

A Dane County Circuit judge last month overturned the bulk of the law, saying it violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into “general” and “public safety” employees. Under the ruling, all public sector workers who lost their collective bargaining power would have it restored to what was in place before 2011.

The judge put the ruling on hold pending the appeal. School workers unions that brought the lawsuit have asked the Supreme Court to take it directly, skipping the appeals court. The Wisconsin Supreme Court has not yet decided whether to take the case.

Now, Hagedorn will not participate in that decision or any others related to the lawsuit.

Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.

Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.

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1 Comment

1 Comment

  1. walden

    January 31, 2025 at 11:25 am

    Another “Republican’t” playing nice. Still waiting for democrat Judge Judy to recuse…won’t happen.

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