Conservative Wisconsin Supreme Court justice steps aside in pivotal union rights case
Justice Brian Hagedorn drafted the law, known as Act 10, when he was chief legal counsel for then-Gov. Scott Walker. His decision to recuse himself from the case leaves the court with four liberal justices and two conservatives.
The Republican-controlled Legislature earlier this week asked that liberal Justice Janet Protasiewicz not hear the case because before she joined the court she called the law unconstitutional, signed a petition to recall Walker during the fight over the law and marched on the Capitol in protest in 2011.
Hagedorn, in a brief two-page order, said the law commands that he not hear the case. Democratic lawmakers on Tuesday had called on him to step aside.
'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 wrote.
Protasiewicz has not responded to the call that she step aside. Even if she did, the court would still have a 3-2 liberal majority.
A Dane County Circuit judge last month overturned the bulk of the law, saying it violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into 'general' and 'public safety' employees. Under the ruling, all public sector workers who lost their collective bargaining power would have it restored to what was in place before 2011.
The judge put the ruling on hold pending the appeal. School workers unions that brought the lawsuit have asked the Supreme Court to take it directly, skipping the appeals court. The Wisconsin Supreme Court has not yet decided whether to take the case.
Now, Hagedorn will not participate in that decision or any others related to the lawsuit.
Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.
Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.
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