Conservative Wisconsin Supreme Court Justice Brian Hagedorn has announced his decision to recuse himself from a pending case that will determine whether public sector workers can regain collective bargaining rights that were stripped away by the 2011 law known as Act 10. Hagedorn, who had a role in drafting the law, cited ethical reasons for his recusal, leaving the court with a liberal majority. The Republican-controlled Legislature had also asked for liberal Justice Janet Protasiewicz to step aside due to her previous statements against the law.
A Dane County Circuit judge recently overturned parts of Act 10, stating that it violated equal protection guarantees in the Wisconsin Constitution. School worker unions have appealed the decision, urging the Supreme Court to take the case directly. However, with Hagedorn’s recusal, his participation in this decision and any related to the lawsuit is now off the table.
Supporters of Act 10 argue that it gave local governments more control and necessary tools to cut costs, while opponents claim it harmed schools and government agencies by eliminating collective bargaining rights. The Wisconsin Supreme Court has not yet determined whether it will hear the case.
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