“You gotta win Hagedorn”

Appellate lawyers, take note. Several recent press reports have observed that Justice Hagedorn has become the powerful swing vote on the Wisconsin Supreme Court. Yesterday’s SCOWstats post provides the data. “In 2020-21, with Justice Kelly now supplanted by Justice Karofsky, the remaining three conservatives can no longer win without Justice Hagedorn, and, with him, they have prevailed in three of the seven 4-3 decisions so far this term—a ‘victory total’ no greater than that of the three liberal justices joined by Justice Hagedorn.” This morning’s decision in Tavern League of Wisconsin, Inc. v. Andrea Palm, shows just how critical his vote is in 4-3 decisions.