Wisconsin Supreme Court Justice Brian Hagedorn faces a critical decision regarding his role in a controversial legal challenge.
According to Wisconsin Public Radio, Conservative Justice Brian Hagedorn has recused himself from participating in a constitutional challenge to Wisconsin Act 10, the 2011 law that significantly restricted collective bargaining rights for public employees.
The recusal stems from Hagedorn's previous position as chief legal counsel to former Republican Governor Scott Walker, during which he helped draft Act 10 and defended it against earlier legal challenges. His decision to step aside alters the court's composition from a 4-3 liberal majority to 4-2 for this particular case.
In his recusal order, Hagedorn explained that his past involvement with Act 10 made his withdrawal from the case mandatory under court ethics rules. He emphasized that his direct participation in both creating and defending the law, particularly in cases with similar constitutional claims, left him no choice but to step aside.
The justice stated in his order:
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.
This latest challenge to Act 10 comes from the Abbotsford Education Association, which filed the lawsuit in 2023. The organization argues that the law's selective application of union bargaining rights violates constitutional principles.
The case has drawn additional attention due to calls from Republican leaders for liberal Justice Janet Protasiewicz to also recuse herself. They claim her campaign statements about Act 10 indicate pre-judgment of the case.
Protasiewicz has already shown non-participation in a related scheduling order, though she has not provided an explanation for this decision. Her potential recusal could further impact the court's composition for this significant case.
The law's constitutional status remains complex, with multiple court decisions shaping its implementation. A Dane County circuit court judge recently found several portions of Act 10 unconstitutional but stayed the ruling pending appeal.
Act 10's legal journey includes significant victories in previous court challenges. The law survived scrutiny from both state and federal courts, with the Wisconsin Supreme Court's former conservative majority upholding it in 2014.
The federal 7th Circuit Court of Appeals in Chicago also validated the law that same year, dismissing arguments about constitutional violations. These precedents add layers of complexity to the current challenge.
Hagedorn's history of independent decision-making, including his stance against attempts to overturn President Biden's 2020 victory in Wisconsin, demonstrates his willingness to break from conservative expectations when he deems it legally necessary.
The constitutional challenge to Wisconsin Act 10 continues to evolve as Justice Brian Hagedorn steps aside due to his previous role in drafting and defending the law. The case, initiated by the Abbotsford Education Association, questions the constitutionality of the law's selective application of union bargaining rights. With the court's composition now at 4-2 and potential further changes pending Justice Protasiewicz's participation decision, the outcome remains uncertain as the state's highest court considers whether to take up the case before appellate review.
