Brian Hagedorn

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In 2021, the Wisconsin Legislature and Governor failed to agree on new redistricting maps to account for the 2020 United States census, so the issue fell to the courts, as had happened in 1982, 1992, and 2002. In those previous examples, the Wisconsin Supreme Court had deferred to panels of federal judges, as the federal courts had established tests and procedure for dealing with redistricting cases. The Wisconsin Supreme Court had only drawn legislative maps once in their history, in 1964, and that decision predated many of the federal laws which now govern redistricting.

Wisconsin Republicans were adamant that the state court should keep the case this time, as they believed they had a greater partisan advantage with the 4–3 conservative majority on the Wisconsin Supreme Court. Conservatives on the court, including Hagedorn, obliged the partisan request and assumed original jurisdiction on Johnson v. Wisconsin Elections Commission, taking on a redistricting case for the first time in nearly 60 years.

The conservative majority on the court then devised a novel test for how they would evaluate map proposals, declaring that they would look to make the "least changes" necessary to the existing maps to reflect the population changes in the 2020 census. Choosing this test alone conferred distinct and obvious partisan advantage to the Republican Party, since the existing maps had been intentionally designed in 2011 to give partisan advantage to Republican candidates. [22] [23] However, after map proposals had been submitted by the Republican legislature and the Democratic governor, it was found that the governor's map proposal more closely adhered to the court's "least changes" guidance. Hagedorn broke from the conservative majority and sided with the court's three liberals to select governor Tony Evers maps in March 2022, but that decision was immediately challenged to the United States Supreme Court. [24] The U.S. Supreme Court, in a shadow docket opinion, reversed the Wisconsin Supreme Court on their legislative maps, finding that the state supreme court had adopted a defective process in their redistricting efforts. A short time later, Hagedorn rejoined the conservative majority on the Wisconsin Supreme Court to select the Republican maps. [25] The 2022 map was even more lopsided to Republican partisan advantage than their 2011 plan, and under the 2022 map the Republicans achieved a super-majority in the Wisconsin Senate. [25]

In 2023, however, the 2023 Wisconsin Supreme Court election flipped the majority of the Wisconsin Supreme Court from conservative to liberal, and Democratic-aligned interest groups vowed to revisit the question of redistricting. As expected, the new court majority took up a new redistricting case in 2023, examining a technical question about whether the maps violated the state constitution's requirement that districts be composed of "contiguous territory". In a 4–3 decision along ideological lines, the liberal majority ruled in Clarke v. Wisconsin Elections Commission that the maps did violate the constitution and would need to be entirely redrawn. Hagedorn dissented, writing that the state court lacked proper tests and procedure to handle redistricting cases; he also lamented that the court would now be tainted by recurring partisan battles over redistricting. [26] His dissent in Clarke represented a significant shift in his opinion from his vote in 2022 to assume jurisdiction over the Johnson redistricting case.

Views on LGBT rights

In the mid-2000s, while Hagedorn was in law school, he argued that the Supreme Court ruling that found that anti-sodomy laws were unconstitutional could lead to legalized bestiality (citing the dissent of Justice Antonin Scalia). In an October 2005 blog post that criticized the Supreme Court's decision in Lawrence v. Texas , he stated that "..render[ing] laws prohibiting bestiality unconstitutional [because] the idea of homosexual behavior is different than bestiality as a constitutional matter is unjustifiable". [27] He also argued that gay pride month created "a hostile work environment for Christians." [27]

Hagedorn was paid more than $3,000 to give speeches between 2015 and 2017 to Alliance Defending Freedom, a Christian right legal group known for its anti-LGBT views; the group has supported criminalizing sodomy and advocated for sterilizing transgender people. [28] [29] In 2004, as a law student, Hagedorn was an intern for the group, then known as the Alliance Defense Fund. [29]

In 2016, Hagedorn founded the Augustine Academy in Merton, Wisconsin, a private K-6 Christian school. [30] The school's code of conduct bars teachers, parents and students from "participating in immoral sexual activity", which is defined as any form of touching or nudity for the purpose of evoking sexual arousal apart from the context of marriage between one man and one woman. [30] Teachers who violate the policy can be dismissed and students can be expelled for their or their parents' actions. [30] The school's "Statement of Faith" states that "Adam and Eve were made to complement each other in a one-flesh union that establishes the only normative pattern of sexual relations for men and women," and "..., men and women are not simply interchangeable, nor is gender subject to one's personal preferences." [30] In February 2019, after newspaper reports about these policies, the Wisconsin Realtors Association withdrew its support for Hagedorn and asked him to return an $18,000 donation it had made to him in January 2019, in his campaign for the Wisconsin Supreme Court. [27]

Electoral history

Wisconsin Court of Appeals (2017)

Brian Hagedorn
Justice of the Wisconsin Supreme Court
Assumed office
August 1, 2019
Wisconsin Court of Appeals, District II Election, 2017 [31]
PartyCandidateVotes%±%
General Election, April 4, 2017
Nonpartisan Brian Hagedorn (incumbent) 126,150 99.39%
Scattering7730.61%
Total votes126,923 100.0%

Wisconsin Supreme Court (2019)

Wisconsin Supreme Court Election, 2019 [32]
PartyCandidateVotes%±%
General Election, April 2, 2019
Nonpartisan Brian Hagedorn 606,414 50.22%
Nonpartisan Lisa Neubauer 600,43349.72%
Scattering7220.06%
Plurality5,9810.50%
Total votes1,207,569 100.0% +21.06%

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References

  1. ↑ Voruganti, Harsh (September 2, 2020). "Twelve State Court Judges President Trump May Elevate to the Court of Appeals in His Second Term". The Vetting Room. Retrieved May 13, 2021.
  2. 1 2 3 4 "Brian Hagedorn BA '00" (PDF). Trinity Town. Trinity International University. Archived from the original (PDF) on September 28, 2015. Retrieved August 2, 2015.
  3. 1 2 Stein, Jason (July 31, 2015). "Scott Walker appoints chief legal counsel to appeals court". Milwaukee Journal Sentinel . Retrieved August 2, 2015.
  4. ↑ "UPDATE: Scott Walker Announces Senior-Level Staff". Associated Press . December 29, 2010. Retrieved August 2, 2015.
  5. ↑ Murphy, Bruce (February 27, 2014). "Walker's Sweet Revenge Against John Doe Prosecutors". Urban Milwaukee. Retrieved August 2, 2015.
  6. ↑ "UPDATED: Neubauer keeping options open in Supreme Court race". WSAU . April 3, 2019. Retrieved April 3, 2019.
  7. ↑ Marley, Patrick; Beck, Molly (April 3, 2019). "Brian Hagedorn declares victory in tight Wisconsin Supreme Court race that has both campaigns bracing for a recount". Milwaukee Journal Sentinel . Retrieved April 5, 2019.
  8. ↑ Vetterkind, Riley (April 11, 2019). "Lisa Neubauer concedes to Brian Hagedorn in Wisconsin Supreme Court race". Wisconsin State Journal . Retrieved September 12, 2019.
  9. ↑ Mauk, Alyssa (April 10, 2019). "Neubauer concedes to Hagedorn in Wisconsin Supreme Court race". Racine Journal Times . Retrieved April 10, 2019.
  10. 1 2 Bauer, Scott (May 15, 2020). "Wisconsin conservatives feel 'snookered' by court justice". Associated Press . Retrieved May 17, 2020.
  11. ↑ Ferral, Katelyn (December 24, 2020). "The outlier: Brian Hagedorn explains why he breaks rank with other state Supreme Court conservatives". The Capital Times . Retrieved December 26, 2020.
  12. ↑ Marley, Patrick (March 11, 2020). "Justice Daniel Kelly says he may participate in voter rolls case after initially stepping aside". Milwaukee Journal Sentinel . Retrieved May 18, 2020.
  13. ↑ Carson, Sophie. "Wisconsin Supreme Court blocks Racine health order closing public and private schools until it decides on Dane County case". Milwaukee Journal Sentinel. Retrieved 2020-11-28.
  14. ↑ Beck, Molly. "Wisconsin Supreme Court strikes down statewide mask mandate, blocks Evers from declaring multiple emergency orders". Milwaukee Journal Sentinel. Retrieved 2021-03-31.
  15. 1 2 Marley, Patrick (September 14, 2020). "Wisconsin Supreme Court rules to keep Green Party off the ballot". Milwaukee Journal Sentinel . Retrieved September 14, 2020.
  16. ↑ Marley, Patrick (September 14, 2020). "Green Party's legal team has ties to GOP and also represents counties that don't want party added to ballot". Milwaukee Journal Sentinel . Retrieved September 15, 2020.
  17. ↑ Bice, Daniel (August 4, 2020). "Bice: Wisconsin Republicans help Kanye West in his attempt to get on state presidential ballot". Milwaukee Journal Sentinel . Retrieved September 15, 2020.
  18. ↑ Helderman, Rosalind S. (December 1, 2020). "Trump campaign files last-ditch lawsuit in attempt to overturn Biden win in Wisconsin". The Washington Post . Retrieved December 3, 2020.
  19. ↑ Glauber, Bill (December 2, 2020). "Gov. Tony Evers attorneys claim Donald Trump engaging in 'a shocking and outrageous assault on our democracy'". Milwaukee Journal Sentinel . Retrieved December 3, 2020.
  20. ↑ Marley, Patrick; Beck, Molly (December 3, 2020). "Wisconsin Supreme Court rejects Trump's election lawsuit". Milwaukee Journal Sentinel . Retrieved December 3, 2020.
  21. ↑ Helderman, Rosalind S.; Brown, Emma; Viebeck, Elise (December 3, 2020). "Trump's losses stack up further as Wisconsin Supreme Court declines to hear campaign challenge to election results". The Washington Post . Retrieved December 3, 2020.
  22. ↑ "Top Wisconsin court affirms GOP's preferred approach to maps". Star Tribune. Archived from the original on 2021-11-30. Retrieved 2021-11-30.
  23. ↑ Schmidt, Mitchell. "State Supreme Court to follow GOP proposal for 'least-change' approach to redistricting". Wisconsin State Journal . Retrieved 2021-11-30.
  24. ↑ Marley, Patrick (March 3, 2022). "Wisconsin Supreme Court picks Democratic Gov. Tony Evers' maps in redistricting fight". Milwaukee Journal Sentinel . Retrieved March 3, 2022.
  25. 1 2 Marley, Patrick. "Wisconsin Supreme Court adopts legislative maps drawn by Republicans". Milwaukee Journal Sentinel. Retrieved 2022-04-16.
  26. ↑ "Clarke v. Wisconsin Elections Commission (2023AP1399-OA)" (PDF). Wisconsin Supreme Court. December 22, 2023. Retrieved December 22, 2023.
  27. 1 2 3 Marley, Patrick (February 21, 2019). "Realtors revoke endorsement of Supreme Court candidate Brian Hagedorn over school's policy on gay students". Milwaukee Journal Sentinel. Retrieved March 1, 2019.
  28. ↑ "Court candidate Brian Hagedorn received $3,000 from anti-LGBT group for speeches". Wisconsin State Journal. Retrieved 2019-03-01.
  29. 1 2 "Court candidate Hagedorn took $3,000 from conservative group". Associated Press. February 20, 2019.
  30. 1 2 3 4 Beck, Molly (February 14, 2019). "Wisconsin Supreme Court candidate founded school that allows ban on teachers, students and parents in gay relationships". Milwaukee Journal Sentinel . Retrieved March 1, 2019.
  31. ↑ "Elections Results" (PDF). Wisconsin Blue Book 2017-2018 (Report). State of Wisconsin. 2017. p. 514. ISBN   978-0-9752820-9-0 . Retrieved January 4, 2020.
  32. ↑ "Election results and Wisconsin parties" (PDF). Wisconsin Blue Book 2019-2020 (Report). State of Wisconsin. 2019. pp. 618–620. ISBN   978-1-7333817-0-3 . Retrieved January 4, 2020.
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Preceded by Judge of the Wisconsin Court of Appeals District II
2015–2019		Succeeded by
Preceded by Justice of the Wisconsin Supreme Court
2019–present		Incumbent
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