On Wednesday, February 12, 2025, Wisconsin Public Radio reported that Wisconsin Supreme Court Justice Janet Protasiewicz decided not to recuse herself from a case challenging Wisconsin Act 10, the controversial law enacted in 2011 under former Governor Scott Walker. Act 10 significantly restricted collective bargaining rights for most public employees, prompting widespread protests and a recall effort against Walker.
The lawsuit, initiated by a teachers’ union, had sought to expedite its hearing by bypassing the appellate court and advancing directly to the state Supreme Court. However, the court declined this request in a ruling issued on Wednesday. Protasiewicz confirmed her intention to participate in the case despite calls for her recusal from Republican lawmakers, who cited her previous involvement in protests against the law and her signature on a recall petition against Walker.
In her written response, Protasiewicz stated that she thoroughly reviewed the request for recusal but found no legal or factual basis to support it. “Having carefully reviewed the motion papers and all relevant legal authorities, I determine that neither the facts nor the law support the Legislature’s motion for recusal,” she noted, ultimately denying the request.
The GOP leadership had argued that Protasiewicz’s past actions and public statements regarding Act 10 created a conflict of interest. Despite this, she maintained that her views on the law did not constitute a “significant personal interest” that would disqualify her from the case. Protasiewicz emphasized that if her past criticisms of Act 10 were grounds for recusal, it could set a troubling precedent for justices in various legal contexts.
Justice Brian Hagedorn, a conservative member of the court, previously announced his decision to recuse himself from the case due to his former role as legal counsel to Walker while the law was being drafted. Protasiewicz’s participation is seen as pivotal given the court’s current 4-3 liberal majority, which may influence the outcome of the lawsuit.
In December, a Dane County circuit court judge ruled that Act 10 violates the state constitution, a decision that is currently under appeal by Republican lawmakers. As the case progresses, the Wisconsin Supreme Court’s deliberation will be closely watched, given the significant implications for collective bargaining rights and public employee unions in the state.
Source: Wisconsin Public Radio
