Good morning.

Friday in Whitewater will be cloudy with a high of 45. Sunrise is 7:10 and sunset is 5:07, for 9 hours, 57 minutes of daytime. The moon is a waxing crescent with 5.9 percent of its visible disk illuminated.

On this day in 1865, Congress passes the Thirteenth Amendment to the United States Constitution, abolishing slavery, and submits it to the states for ratification

On the issue of whether he should hear a challenge to Act 10, or instead recuse himself, Wisconsin Supreme Court Justice Brian Hagedorn is undoubtedly right:

Conservative Wisconsin Supreme Court Justice Brian Hagedorn will not participate in a case challenging the constitutionality of Wisconsin Act 10, the 2011 law restricting public employee collective bargaining rights. 

In an order released Thursday afternoon, Hagedorn said he would recuse himself from a case being considered by the state Supreme Court that was filed in 2023 by the Abbotsford Education Association. The court is currently weighing whether to take the case directly before a state appeals court weighs in.

Hagedorn previously served as chief legal counsel for former Republican Gov. Scott Walker when Act 10 was drafted and defended in earlier court challenges.

Hagedorn said after reviewing legal filings in the case and the court’s ethics rules, he determined that recusal “is not optional when the law commands it.”

“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 said.

See Rich Kremer, Wisconsin Supreme Court Justice Brian Hagedorn recuses himself from Act 10 challenge, Wisconsin Public Radio, January 30, 2025 and Abbotsford Education Association v. Wisconsin Employment Relations Commission, No. 2024AP2429 (Wis. Supreme Ct. Order Jan. 30, 2025).

And, there’s an update on yesterday’s post about partisanship on the Wisconsin Supreme Court. Readers may have seen WISGOP complaints about Wisconsin Supreme Court candidate Susan Crawford’s attendance at a Democratic event. The complaints would have more credibility if her conservative and WISGOP-backed opponent, Brad Schimel, hadn’t already justified partisan support of court candidates:

“It’s just become that way, that liberal judicial candidates will associate with the Democratic Party and conservative judicial candidates will end up affiliating with the Republican Party,” he said, adding that each campaign needs grassroots support. “The question isn’t whether you have a political affiliation. It’s whether you can set that aside when you get on the bench.”

Belgian zoo unveils baby white rhino:

Good morning.

Thursday in Whitewater will be windy with a high of 51. Sunrise is 7:11 and sunset is 5:05, for 9 hours, 55 minutes of daytime. The moon is a waxing crescent with 1.7 percent of its visible disk illuminated.

On this day in 1933, Hitler takes office as the Chancellor of Germany.

I’m not sure what to make of a story that finds the Wisconsin Supreme Court race effectually partisan. The Wisconsin Supreme Court has been partisan for many years. Still, someone feels the need to explain this to Wisconsin readers:

As with each one before them, Wisconsin’s next Supreme Court justice pledges to be “impartial” when ruling from the bench.

But the current race for that coveted seat has been — and will continue to be — anything but politically neutral.

Indeed, the two candidates are repeatedly pointing out the other’s political ties leading up to the April 1 general election, and the two major political parties have lined up behind their preferred candidate, animated by the prospect that voters could again flip the court’s ideological majority.

One hears that even a broken clock is right twice a day, and so it’s Brad Schimel (of all people) who explains the state of affairs accurately:

In an interview with the Journal Sentinel, Schimel said he didn’t see a retreat from the overt partisanship of state Supreme Court races coming any time soon.

“It’s just become that way, that liberal judicial candidates will associate with the Democratic Party and conservative judicial candidates will end up affiliating with the Republican Party,” he said, adding that each campaign needs grassroots support. “The question isn’t whether you have a political affiliation. It’s whether you can set that aside when you get on the bench.”

See Alison Dirr and Daniel Bice, Just how partisan are the candidates for the Wisconsin Supreme Court? Here are the details, Milwaukee Journal Sentinel, January 30, 2025.

Indeed: that is a question.

The choice for voters, however, depends on what one prefers from the partisan alternatives on offer.

Drone captures hundreds of dolphins along the California coast: