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Wisconsin Republicans request Supreme Court Justice to recuse themselves from union case, no such request made for conservative judge yet


In a recent development, the Republican-controlled Wisconsin Legislature has asked Justice Janet Protasiewicz, a progressive state Supreme Court justice, to step aside in a pending case that seeks to overturn a 2011 law that effectively ended collective bargaining for most state workers. The lawsuit has significant implications for union rights in the state, as the court would be deadlocked 3-3 between progressives and conservatives if Protasiewicz recuses herself.

Protasiewicz, who ran as an opponent of the union law in 2023, previously stated that she believes Act 10 is unconstitutional and participated in protests against it. On the other hand, conservative Justice Brian Hagedorn, a former legal counsel for Republican Gov. Scott Walker, was involved in drafting Act 10 but did not promise to recuse himself if a case challenging the law came before the court.

A Dane County Circuit judge recently overturned the bulk of the law, citing violations of equal protection guarantees in the Wisconsin Constitution. The ruling would restore collective bargaining power to public sector workers as it was before 2011. School worker unions have asked the Supreme Court to take the case directly.

The Legislature’s top Republicans have called for Protasiewicz to step aside, citing concerns about potential bias due to her past statements and actions regarding Act 10. Supporters of the law argue that it provides local governments with necessary control over workers, while opponents claim that it has harmed schools and government agencies by limiting employees’ ability to collectively bargain.

The decision on whether Justice Protasiewicz will recuse herself rests solely with her, and the ongoing court battle continues to draw attention and controversy.

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