Brett H. Ludwig | |
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| Judge of theUnited States District Court for the Eastern District of Wisconsin | |
| Assumed office September 10, 2020 | |
| Appointed by | Donald Trump |
| Preceded by | Rudolph T. Randa |
| Judge of theUnited States Bankruptcy Court for theEastern District of Wisconsin | |
| In office 2017 – September 10, 2020 | |
| Personal details | |
| Born | 1969 (age 55–56) Marshfield,Wisconsin, U.S. |
| Children | Madeleine Ludwig, Ryan Ludwig |
| Education | University of Wisconsin-Stevens Point (BA) University of Minnesota (JD) |
Brett Harry Ludwig (born May 21, 1969)[1] is aUnited States district judge of theUnited States District Court for the Eastern District of Wisconsin. He is a former Judge of theUnited States Bankruptcy Court for theEastern District of Wisconsin.
Ludwig earned hisBachelor of Arts from theUniversity of Wisconsin–Stevens Point and hisJuris Doctor,magna cum laude, from theUniversity of Minnesota School of Law.[2]
Upon graduating from law school, Ludwig served as alaw clerk to JudgeGeorge Fagg of theUnited States Court of Appeals for the Eighth Circuit. He was a partner atFoley & Lardner inMilwaukee, where he focused on commercial litigation and dispute resolution and chaired the firm's pro bono practice. He has also taught at theMarquette University Law School.[2]
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Ludwig became a judge of theUnited States Bankruptcy Court for theEastern District of Wisconsin in 2017 and served on that court until becoming a district judge.[3][2]
On February 26, 2020, PresidentDonald Trump announced his intent to nominate Ludwig to serve as aUnited States district judge of theUnited States District Court for the Eastern District of Wisconsin.[2] On March 3, 2020, his nomination was sent to the Senate. President Trump nominated Ludwig to the seat vacated by JudgeRudolph T. Randa, who assumedsenior status on February 5, 2016.[4] On June 17, 2020, a hearing on his nomination was held before theSenate Judiciary Committee.[5] On July 23, 2020, his nomination was reported out of committee by avoice vote.[6] On September 8, 2020, theUnited States Senate invoked cloture on his nomination by a 83–6 vote.[7] On September 9, 2020, his nomination was confirmed by a 91–5 vote.[8] He received his judicial commission on September 10, 2020.[3]
On December 12, 2020, Ludwig dismissed a lawsuit filed byDonald Trump and his lawyers against theWisconsin Elections Commission in an effort to overturn the results of the2020 United States presidential election in Wisconsin.[9] In filing the lawsuit, Trump claimed that the electors from the state of Wisconsin were not chosen in a lawful manner in violation of the Electors Clause of the constitution. However, Ludwig rejected that argument stating Trump's claim "confuses and conflates the 'Manner' of appointing presidential electors—popular election—with underlying rules of election administration."[10] Ludwig noted that the Electors were chosen based on the winner of the state popular vote, the manner established by the Wisconsin Legislature. Claims based on the guidance to indefinitely confined voters, the use of drop boxes, and corrections to addresses for absentee ballots were claims based on the administration of the election, not the "manner" as it is understood in the Constitution.
In his decision, Ludwig regularly noted the "extraordinary" nature of the case and what Trump was asking for in relief. In the conclusion of his opinion, Ludwig wrote, "This is anextraordinary case. A sitting president who did not prevail in his bid for reelection has asked for federal court help in setting aside the popular vote based on disputed issues of election administration, issues he plainly could have raised before the vote occurred. This Court has allowed plaintiff the chance to make his case and he has lost on the merits. In his reply brief, plaintiff 'asks that the Rule of Law be followed.' (Pl. Br., ECF No. 109.) It has been."[10]
| Legal offices | ||
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| Preceded by | Judge of theUnited States District Court for the Eastern District of Wisconsin 2020–present | Incumbent |