As the Wisconsin Supreme Court prepares to hear arguments surrounding the constitutionality of Act 10, a 2011 law that restricts public employee collective bargaining rights, the court has to prepare for the possibility of two of the seven judges sitting out of the case.
According to Wisconsin Public Radio, conservative Wisconsin Supreme Court Justice Brian Hagedorn recused himself from the case Feb. 6, 2025, on the grounds that he had served as chief legal counsel for former Republican Gov. Scott Walker. Act 10 was drafted and introduced by Walker into the state legislature in 2011 and Hagedorn had helped work on the act, which creates a conflict of interest, according to Wisconsin Public Radio.
Hagedorn claimed that the issues with the Act 10 case are centered around the legal counsel he provided regarding both its crafting and defense, which were already challenged in a previous case, according to Wisconsin Public Radio.
Passed in 2011, Act 10 aimed at restricting employee collective bargaining rights, and the lawsuit brought against it claims it is unconstitutional because it retains union bargaining rights for some employees — like police and firefighters — but not for others, like public safety workers, according to Wisconsin Public Radio.
On Feb. 6, the Supreme Court’s majority announced that it would allow a deadline extension to submit briefs — written documents outlining legal arguments and facts regarding related aspects of the case. Democratic Justice Janet Protasiewicz did not participate in the scheduling order for the case, where important deadlines and dates are laid out for the court case.
While Protasiewicz did not give a specific reason for missing the scheduling order, several prominent Republicans have asked her to recuse herself from this case, arguing that she had already judged and formed an opinion on Act 10 while campaigning for her seat in the Wisconsin State Supreme Court in 2022 and 2023, according to Wisconsin Public Radio.
First and foremost, both Democrats and Republicans should be applauding Hagedorn’s actions. His recusal from such a monumental case, especially when there is a liberal majority in the court, is admirable. In all likelihood, the liberal majority court will rule Act 10 unconstitutional, contrasting the conservative opinion, but even so, Hagedorn decided that respecting the judicial process and recusing himself from the case was more important than getting what he wanted.
In an age where the guardrails of the American government are being tested, and in some cases torn down, it is truly admirable that a justice is willing to recuse himself from ruling on a law that he helped create. But, Hagedorn holding himself to those standards sets a precedent for Protasiewicz to do the same.
Protasiewicz is the newest member of the Wisconsin Supreme Court and during her campaign, she spoke about Act 10. During an interview, Protasiewicz addressed how she felt about Act 10 and verbally agreed that it was unconstitutional, according to Wisconsin Public Radio.
Clearly, Protasiewicz has a predetermined view of the law, rendering the concerns Republicans raised about her biases regarding the case valid. It would be a good decision for her to follow Hagedorn’s lead and also recuse herself from this case.
The United States is facing an increasingly hostile and politicized atmosphere and it has become common to disrespect or ignore the standards and rules of our governmental institutions to further one’s personal interests or the interests of their party. If both of these judges recuse themselves from this case, it would be a rare and inspiring moment that represents respect for the judicial system and the Constitution itself.
This case exemplifies what the normal practices of judges who have conflicts or a valid reason to recuse themselves from a case, should be. Our country and our politics should never have reached a point where we are applauding those who follow the basic rules. But, we have, and while our recognition and congratulations represent what is expected of the judges, we should support them in these decisions to reestablish the norms that we have drifted from.
The actions of Hagedorn and hopefully Protasiewicz are exciting reminders that there are still individuals who want to serve the people and put the interests of the country and the public over their own. Hopefully, their actions will help reinforce norms and standards that are beneficial to our governmental systems and reset our political system down a path based on law, not personal interest.
