Wisconsin Supreme Court justice recuses himself from case on public sector union law

By 
 February 3, 2025

In 2011, then Wisconsin Republican Gov. Scott Walker generated headlines when he signed Wisconsin Act 10, a law which limited the rights of public sector unions.

While the Wisconsin Supreme Court is set to rule on Act 10's constitutionality, a justice whom Walker appointed won't be hearing the case. 

Justice: "The law must guide our decisions"

That's according to Wisconsin Public Radio, which noted how Justice Brian Hagedorn announced his recusal late last week.

"Members of the judiciary take a solemn oath to be independent and impartial," Hagedorn wrote in an order released this past Thursday.

"Our duty is to call it straight in every case, with neither partiality nor prejudice toward anyone. The law must guide our decisions—not politics, tribalism, or personal policy views," he stressed.

Hagedorn went on to recall how he served as chief legal counsel for Walker when the law was being drafted and helped defend it from previous challenges.

Republicans call on newly elected Democrat to recuse herself

Hagedorn indicated that a justice's recusal "is not optional when the law commands it," a conclusion which he arrived at after going over court ethics rules and legal filings in the case.

"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 stated.

Meanwhile, Wisconsin Public Radio also noted that Republicans are calling on Democratic Supreme Court Supreme Court Justice Janet Protasiewicz to recuse herself from the matter.

"Justice Protasiewicz promised Wisconsin voters that she would not prejudge cases," state Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos were quoted as saying.

"On the campaign trail, she repeatedly mentioned and prejudged Act 10," the two lawmakers asserted before adding, "Today’s motion asks her to do what she acknowledged to be right and ethical: step aside on this case."

Protasiewicz suggested that she might recuse herself from Act 10 case

Wisconsin Public Radio pointed out how Protasiewicz expressed negative feelings about Act 10 when campaigning for a seat on her state's highest judicial body last year.

"I agree with the dissent in that case, where the authors said Act 10 is unconstitutional," she was quoted as saying of a lower court ruling which upheld the law.

Interestingly, Protasiewicz told the Milwaukee Journal Sentinel that she would consider recusing herself from the Act 10 case on the grounds that she participated in protests over the bill and signed a recoil petition against then-Gov. Walker.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson