A conservative Wisconsin Supreme Court justice will not participate in a pending case that will determine whether tens of thousands of public sector workers regain collective bargaining rights that were taken away by a 2011 law.

Hagedorn's recusal marks a major blow to Republicans' hopes of a favorable ruling in their quest to uphold the 2011 law that gutted public sector collective bargaining in Wisconsin

Justice Brian Hagedorn, one of three conservative leaning members of the Wisconsin Supreme Court will not participate in the court’s decision regarding Act 10. In a written order this afternoon, Hagedorn wrote that his prior role as legal counsel to then Governor Scott Walker impeded his ability to be “independent and impartial”.

The Republican-controlled Wisconsin Legislature has asked that a liberal state Supreme Court justice step aside in a pending case that seeks to overturn a 2011 law that effectively ended collective bargaining for most state workers.