In Madison, Wisconsin, Republicans passed the rule 14 years ago despite large protests, making the state a key area in the national debate about union rights. The fight brought then-Gov. Scott Walker into the national spotlight, led to a failed recall effort, and set the stage for his unsuccessful run for president in 2016. The new law caused a significant drop in union membership in the state.
Protasiewicz is the latest member of the court and ran in 2023 against the union law called Act 10. Her win gave Democrats the majority in the court for the first time in 15 years. The majority is at stake again in the April 1 Supreme Court election to replace a retiring liberal judge.
Protasiewicz stated during her campaign that she thinks Act 10 is against the law. She also mentioned to the Milwaukee Journal Sentinel that she might step aside from any case that questions the rule. Protasiewicz joined in protests against it and signed the petition to recall Walker.
Leading Republicans in the Legislature, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, said on Tuesday that it would be “right and ethical” for her to resign. The request for her to step down includes comments she made during the campaign about her union background, her opinion that the law was against the constitution, and her opposition to Walker.
“Recusal is necessary because it looks like she has already made a judgment about this case,” the Republicans said in the move.
— On Tuesday, the Republican-led Wisconsin Legislature requested that a liberal state Supreme Court judge remove themselves from a case that aims to challenge a 2011 law which mostly eliminated collective bargaining for state workers.
If Justice Janet Protasiewicz decides not to hear the case, the court will be evenly split 3-3 between left and conservative justices. The case is very important for union rights in a key state, and the court would be evenly divided with 3 liberal judges and 3 conservative judges.
Last month, a Dane County Circuit judge struck down most of the law, stating that it breaks equal protection rights in the Wisconsin Constitution by separating public workers into “general” employees and “public safety” employees. According to the decision, all public workers who lost their rights to negotiate as a group will get those rights back, similar to what they had before 2011.
The judge paused the decision while waiting for the appeal. The school workers’ unions that filed the case have asked the Supreme Court to handle it right away, without going through the appeals court first. The Wisconsin Supreme Court, which has a 4-3 liberal majority, has not chosen if it will take the case.
Protasiewicz did not respond to an email asking if she would step aside from the case. It’s completely up to her to decide.
Jacob Karabell, the lawyer for the groups trying to change the law, said the request for the judge to step down was “baseless” and just a way to postpone a final decision.
Protasiewicz isn’t the only judge on the court who might have a conflict of interest.
Conservative Justice Brian Hagedorn was the main law advisor for Walker and helped write Act 10. In his winning campaign for the court in 2019, Hagedorn did not agree to step aside if a case about Act 10 came to the court.
No formal request has been made to the court for Hagedorn to resign, but Democratic leaders in the legislature stated on Tuesday that he should. Hagedorn did not reply to an email asking for his thoughts.
If both Protasiewicz and Hagedorn stepped aside, Democrats would have a 3-2 lead.
The lawyer for the unions that filed the case did not respond right away to a request for comments.
Supporters of the rule say it gives local governments more control over workers and the ability to save money. Supporters of Act 10 say that getting rid of the law, which lets schools and local governments collect more money from employees for benefits, would put those organizations in financial trouble.
Democratic opponents say the law has harmed schools and government agencies by removing workers’ rights to negotiate their pay and working conditions together.
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