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by breakinglegalnews.com

A conservative Wisconsin Supreme Court justice announced Thursday that he will not participate in a case that could determine whether tens of thousands of public sector workers regain collective bargaining rights lost under a 2011 law.

Justice Brian Hagedorn, who played a key role in drafting the law known as Act 10 while serving as chief legal counsel for then-Gov. Scott Walker, has recused himself from the case. His decision leaves the court with four liberal justices and two conservatives.

Earlier this week, the Republican-controlled Legislature requested that liberal Justice Janet Protasiewicz also step aside, citing her past opposition to Act 10. Before joining the court, she had called the law unconstitutional, signed a petition to recall Walker, and participated in protests at the Capitol in 2011.

In a brief two-page order, Hagedorn stated that legal ethics required his recusal. Democratic lawmakers had urged him to withdraw from the case on Tuesday.

“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.

Justice Janet Protasiewicz has not responded to calls for her recusal. However, even if she were to step aside, the court would still hold a 3-2 liberal majority.

On Thursday, Protasiewicz did not participate in an incremental ruling related to the case.

Last month, a Dane County Circuit judge struck down most of Act 10, ruling that it violates the Wisconsin Constitution’s equal protection guarantees by categorizing public employees into “general” and “public safety” workers. The ruling would restore collective bargaining rights to all public sector employees who lost them under the 2011 law.

However, the judge placed the ruling on hold pending an appeal. The school workers’ unions that filed the lawsuit have asked the Wisconsin Supreme Court to take the case directly, bypassing the appeals court. The justices have not yet decided whether to hear it.

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