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A Conservative Justice in Wisconsin Says He Followed the Law, Not the Politics – The New York Times

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Like officials in Arizona and Georgia, Justice Brian Hagedorn is a longtime Republican who is now under fire for ruling against President Trump’s challenges to the election.

Justice Brian Hagedorn of the Wisconsin Supreme Court is a veteran of the last decade’s fiercest partisan wars.

As chief legal counsel of Gov. Scott Walker, a Republican, Justice Hagedorn wrote the 2011 law that stripped public-sector labor unions of their collective bargaining rights. Then in 2019, he won a narrow election to a 10-year term on the Supreme Court with backing from the state’s Republican media and grass-roots networks.

But Justice Hagedorn, a member of the conservative Federalist Society, who in 2016 founded a private school that forbids same-sex relationships among its employees and students, is no longer a darling of the right. In a series of 4-3 decisions in recent months, he sided with the court’s three liberal justices to stop an effort to purge 130,000 people from the Wisconsin voter rolls, block the Green Party candidate and Kanye West from the general election presidential ballot and, on two separate occasions, reject President Trump’s effort to overturn President-elect Joseph R. Biden Jr.’s victory in Wisconsin.

Justice Hagedorn has in recent days found himself at odds not just with his political base but with his fellow conservative justices, who have spared little expense in showing their anger at him in judicial dissents defending Mr. Trump’s case.

He discussed the experience in an interview on Friday with The New York Times. The following is an excerpt from the conversation, condensed and lightly edited for clarity.

What is your response to Wisconsinites who supported you when you ran for the court and now are deeply unhappy with some of the decisions you’ve made?

When I ran, I was pretty consistent that I believe deeply that law and politics are not the same thing. Most of us probably have some hope that our preferred candidate or our preferred policies, that the law runs in the same direction, but that isn’t always the case. And I said I was going to be a textualist and an originalist. I believe very deeply in those things.

And I think my decisions have reflected that. And I made clear even when I was running that I would make decisions that I’m sure some folks, certainly conservatives, may not like from a policy outcome and that when I do, I was just following the law. People should know that.

Do you feel any sort of kinship with Republican officials in states like Arizona and Georgia who have had to defend their election system against a resistance from conservative grass roots?

The hard thing to do, the courageous thing to do, is to fulfill your oath, especially when you know it’s going to make your political supporters unhappy. It doesn’t matter what your role is, whether you’re the Republican secretary of state of Georgia or any other elected official.

So I’m not unaware of the political criticism that some of my decisions would bring. I’m well aware of that, and so I think it’s a wonderful reflection of the strength of our country when people can do what they think is right and fulfill their oath as they understand it regardless of what political pressure may come their way.

How have you become aware of some of that criticism?

Talk radio in Wisconsin, particularly on the conservative side, is very prominent. I turned on the radio one morning driving to work and heard what a horrible person I was. So it’s hard to miss it.

Yes, I’ve been called a traitor. I’ve been called a liar. I’ve been called a fraud. I’ve been asked if I’m being paid off by the Chinese Communist Party. I’ve been told I might be tried for treason by a military tribunal. Sure, I’ve gotten lots of interesting and sometimes dark messages.

Does that change your approach to your job at all, having that sort of feedback?

Maybe members of the public forget this because their civic culture really just doesn’t know how to debate issues in a very healthy way right now. And there is sort of this tribal understanding that either you’re with us or you’re against us.

I’ve got five young kids and, sure, there’s certain uncomfortableness, too, when your child asks you whether it’s OK to play in the front yard or whether they should just stay in the backyard.

What did you think about the broader conservative push led by the president to change the results of the election and the widespread rejection of that from courts at multiple levels?

I can’t speak to all the other cases out there, but certainly in the cases before us, they were asking us to throw out those elections. There was certainly nothing in the nature of the law or the facts that supported getting anywhere close to that, and I communicated that clearly. And I do think if you’re going to make a claim like that, you better have your evidence and you better have the law on your side and make your case. And at least in the cases before us, that wasn’t the case.

Why did you think then that if it was so cut and dried for you, your conservative colleagues on the court saw it differently?

I can’t speak for them on those issues. To me there was a pretty clear application of well-settled law and that’s how I moved forward in deciding those issues.

The dissents in particular seem very personal in their unhappiness about what the majority decision was, and I was curious, behind the scenes, what those debates or arguments were like.

Each justice needs to decide, and this is true at every court, how they want to explain their thinking and their rationale to the wider world around them. Sometimes we all do it passionately. I think every judge or justice has at times written passionate dissents and disagreements, and that’s a normal part of appellate judging.

How did you vote in the November election?

I got the absentee ballot, and I mailed it in.

Were you generally comfortable with that process?

I was.

Can you tell me if you voted for President Trump?

I would not want to say anything like that on the record.

Why not?

No. 1, who I voted for didn’t impact my decision and wouldn’t impact my decision. No. 2, I don’t think it’s appropriate for judges to take positions on partisan candidates for office. We also have canons of judicial ethics on not endorsing candidates. We’re a nonpartisan court. I mean, I certainly was elected with the support of many conservatives, but I am not a Republican justice on the court.

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‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

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HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Saskatchewan NDP’s Beck holds first caucus meeting after election, outlines plans

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REGINA – Saskatchewan Opposition NDP Leader Carla Beck says she wants to prove to residents her party is the government in waiting as she heads into the incoming legislative session.

Beck held her first caucus meeting with 27 members, nearly double than what she had before the Oct. 28 election but short of the 31 required to form a majority in the 61-seat legislature.

She says her priorities will be health care and cost-of-living issues.

Beck says people need affordability help right now and will press Premier Scott Moe’s Saskatchewan Party government to cut the gas tax and the provincial sales tax on children’s clothing and some grocery items.

Beck’s NDP is Saskatchewan’s largest Opposition in nearly two decades after sweeping Regina and winning all but one seat in Saskatoon.

The Saskatchewan Party won 34 seats, retaining its hold on all of the rural ridings and smaller cities.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Nova Scotia election: Liberals say province’s immigration levels are too high

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HALIFAX – Nova Scotia‘s growing population was the subject of debate on Day 12 of the provincial election campaign, with Liberal Leader Zach Churchill arguing immigration levels must be reduced until the province can provide enough housing and health-care services.

Churchill said Thursday a plan by the incumbent Progressive Conservatives to double the province’s population to two million people by the year 2060 is unrealistic and unsustainable.

“That’s a big leap and it’s making life harder for people who live here, (including ) young people looking for a place to live and seniors looking to downsize,” he told a news conference at his campaign headquarters in Halifax.

Anticipating that his call for less immigration might provoke protests from the immigrant community, Churchill was careful to note that he is among the third generation of a family that moved to Nova Scotia from Lebanon.

“I know the value of immigration, the importance of it to our province. We have been built on the backs of an immigrant population. But we just need to do it in a responsible way.”

The Liberal leader said Tim Houston’s Tories, who are seeking a second term in office, have made a mistake by exceeding immigration targets set by the province’s Department of Labour and Immigration. Churchill said a Liberal government would abide by the department’s targets.

In the most recent fiscal year, the government welcomed almost 12,000 immigrants through its nominee program, exceeding the department’s limit by more than 4,000, he said. The numbers aren’t huge, but the increase won’t help ease the province’s shortages in housing and doctors, and the increased strain on its infrastructure, including roads, schools and cellphone networks, Churchill said.

“(The Immigration Department) has done the hard work on this,” he said. “They know where the labour gaps are, and they know what growth is sustainable.”

In response, Houston said his commitment to double the population was a “stretch goal.” And he said the province had long struggled with a declining population before that trend was recently reversed.

“The only immigration that can come into this province at this time is if they are a skilled trade worker or a health-care worker,” Houston said. “The population has grown by two per cent a year, actually quite similar growth to what we experienced under the Liberal government before us.”

Still, Houston said he’s heard Nova Scotians’ concerns about population growth, and he then pivoted to criticize Prime Minister Justin Trudeau for trying to send 6,000 asylum seekers to Nova Scotia, an assertion the federal government has denied.

Churchill said Houston’s claim about asylum seekers was shameful.

“It’s smoke and mirrors,” the Liberal leader said. “He is overshooting his own department’s numbers for sustainable population growth and yet he is trying to blame this on asylum seekers … who aren’t even here.”

In September, federal Immigration Minister Marc Miller said there is no plan to send any asylum seekers to the province without compensation or the consent of the premier. He said the 6,000 number was an “aspirational” figure based on models that reflect each province’s population.

In Halifax, NDP Leader Claudia Chender said it’s clear Nova Scotia needs more doctors, nurses and skilled trades people.

“Immigration has been and always will be a part of the Nova Scotia story, but we need to build as we grow,” Chender said. “This is why we have been pushing the Houston government to build more affordable housing.”

Chender was in a Halifax cafe on Thursday when she promised her party would remove the province’s portion of the harmonized sales tax from all grocery, cellphone and internet bills if elected to govern on Nov. 26. The tax would also be removed from the sale and installation of heat pumps.

“Our focus is on helping people to afford their lives,” Chender told reporters. “We know there are certain things that you can’t live without: food, internet and a phone …. So we know this will have the single biggest impact.”

The party estimates the measure would save the average Nova Scotia family about $1,300 a year.

“That’s a lot more than a one or two per cent HST cut,” Chender said, referring to the Progressive Conservative pledge to reduce the tax by one percentage point and the Liberal promise to trim it by two percentage points.

Elsewhere on the campaign trail, Houston announced that a Progressive Conservative government would make parking free at all Nova Scotia hospitals and health-care centres. The promise was also made by the Liberals in their election platform released Monday.

“Free parking may not seem like a big deal to some, but … the parking, especially for people working at the facilities, can add up to hundreds of dollars,” the premier told a news conference at his campaign headquarters in Halifax.

This report by The Canadian Press was first published Nov. 7, 2024.

— With files from Keith Doucette in Halifax

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