MADISON, Wis. — A member of the conservative faction of the Wisconsin Supreme Court announced on Thursday that he will recuse himself from a forthcoming case that could restore collective bargaining rights for a significant number of public sector employees, rights that were stripped away by legislation enacted in 2011.
Justice Brian Hagedorn, who served as chief legal advisor to former Governor Scott Walker and was instrumental in drafting Act 10, stated that due to his prior involvement in the law’s creation, he could not participate in the court’s proceedings. His withdrawal results in a court composition of four justices considered liberal and two conservative members.
In a development earlier in the week, Republican leaders in the state legislature urged liberal Justice Janet Protasiewicz to refrain from participating in this case, citing her previous statements deeming the legislation unconstitutional, her signature on a petition aimed at recalling Walker, and her participation in protests against the law during its inception in 2011.
In a concise two-page order, Hagedorn referenced the legal obligations that necessitated his recusal from proceedings associated with the case. Democratic lawmakers had urged him to disengage from the legal battle earlier in the week as well.
Hagedorn noted, “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.”
As of now, Protasiewicz has not publicly addressed requests for her to step back from the case. Regardless of her decision, the court would still maintain a liberal majority of 3-2. Moreover, she did not take part in a related ruling made on Thursday.
Recently, a Dane County Circuit judge ruled against key aspects of Act 10, asserting that it violates equal protection rights as per the Wisconsin Constitution by categorizing public employees as either “general” or “public safety” workers. The ruling asserted that all public sector employees who lost their collective bargaining privileges would have them reinstated to their status prior to 2011.
However, the judge has temporarily paused the enforcement of the ruling while the matter is appealed. Teacher unions that initiated the lawsuit have requested the Wisconsin Supreme Court take on the case directly, bypassing the appellate court. The state’s Supreme Court has yet to make a determination regarding their involvement.
Now that Hagedorn has recused himself, he will not take part in discussions or decisions related to this issue. Supporters of Act 10 maintain that the law grants local governments essential control over workforce management, thereby enabling necessary cost reductions. Detractors, particularly within the Democratic Party, contend that the legislation has undermined public schools and other governmental agencies by eliminating employees’ rights to collectively negotiate their wages and work conditions.
