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The Wisconsin Supreme Court’s consideration of the Act 10 case given new development as Hagedorn recuses himself


Conservative Wisconsin Supreme Court Justice Brian Hagedorn announced on Jan. 30 that he will not participate in a case that will determine the fate of collective bargaining rights for public sector workers. The case involves the 2011 law known as Act 10, which Hagedorn drafted while serving as chief legal counsel for then-Gov. Scott Walker. His decision to recuse himself leaves the court with a 4-2 liberal majority.

The Republican-controlled Legislature requested that liberal Justice Janet Protasiewicz also step aside from the case due to her previous criticism and involvement in protests against the law. Hagedorn cited ethical concerns for his refusal, as he had provided legal counsel in defense of Act 10.

A circuit judge overturned parts of the law in 2024, arguing that it violated equal protection guarantees. Unions representing public sector workers have asked the Supreme Court to take the case directly. Supporters of Act 10 claim it gives local governments more control, while opponents argue it harms workers’ bargaining power.

The Supreme Court has not yet decided whether to take the case, and Hagedorn’s recusal will impact future decisions related to the lawsuit.

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