Oleksii Liskonih Getty Images/iStockphoto
The Wisconsin State Supreme Court has overruled Governor Evers’ authority to protect Wisconsin during the COVID-19 emergency. In doing so, the court tossed aside the plain reading of Section 252.02 of the Wisconsin Statutes passed by the very legislature that challenged it. As a result of the conservative majority’s decision, hundreds, if not thousands, of Wisconsin residents will become sick and some may die. It is shameful that Wisconsin suffers because a rightwing majority on the court seeks to affirm its fealty to the Republican legislature and their special interest contributors. As outrage from this ruling echoes across the country, the dissent written by Justice Brian Hagedorn deserves recognition. His dissent is a glimmer of a phenomenon that has become incredibly rare in Wisconsin: a conservative willing to stand for conservative principles regardless of the impact of those principles on the political fortunes of the Republican party. Justice Hagedorn’s qualification as a rock-ribbed conservative cannot be challenged. Before his election to the Wisconsin State Supreme Court in 2019, Hagedorn served faithfully as Governor Scott Walker’s chief legal counsel for nearly five years. When running for his seat on the court, the conservative Americans for Prosperity and the Republican State Leadership Committee supported his election.
The Seed of Hope
Unfortunately for these ostensibly “conservative” groups, they may have actually helped elect a true conservative. In his dissent, Justice Hagedorn outlined the limited nature of the court in a constitutional system of government. “The judiciary receives its charge from the people through the Wisconsin Constitution. And the people have not empowered this court to step in and impose our wisdom on proper governance during this pandemic.”
While explaining the unique crisis faced by Wisconsin during this public health emergency, he noted logical inconsistencies in the majority’s decision that was self-serving—a decision grounded in “‘it’s good for me but not for thee’ does not inspire confidence that we are applying the same law to both parties before us.”
While once again the Wisconsin Supreme Court majority has distinguished itself as an appendage of the Republican party, Hagedorn’s action on the court appears to match his words when elected to the court. When accepting his supreme court seat, Justice Hagedorn said, “My days of advocating for particular issues or clients are no more,” he said. “This robe does not empower me to be your philosopher king.” Hagedorn’s principled analysis gives hope that the Wisconsin Statutes and Constitution may once again become the guiding light for at least one member of the court’s conservative majority.
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