Conservative Wisconsin Supreme Court Justice Brian Hagedorn has announced that he will not participate in a case determining whether public sector workers will regain collective bargaining rights. Hagedorn drafted the controversial 2011 law known as Act 10 when he was chief legal counsel for Governor Scott Walker. His recusal leaves the court with four progressive justices and two conservatives.
Meanwhile, the Republican-controlled Legislature requested that progressive Justice Janet Protasiewicz also recuse herself due to her prior criticisms of the law. Despite calls for Hagedorn and Protasiewicz to step aside, the court still maintains a progressive majority.
A Dane County Circuit judge recently overturned the majority of Act 10, citing violations of equal protection guarantees in the Wisconsin Constitution. The Supreme Court has not yet decided if they will take on the case directly, bypassing the appeals court.
Supporters of Act 10 argue that it granted local governments more control over workers and helped cut costs. However, opponents claim that the law has had negative effects on schools and government agencies by stripping employees of their collective bargaining rights.
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