Should Justice Prosser Have Recused Himself in Voting on the Wisconsin Collective Bargaining Case?

That’s one of the arguments made in this NY Times editorial.  I disagree with the Times board on this issue.  If we are to have judicial elections at all, they are so that there is some measure of accountability of judges.  I think everyone knew that a vote for Prosser was likely a vote to uphold the law limiting public unions and a vote for Kloppenberg was a vote to strike it down.

What’s the unethical conflict of interest here?

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