Brett Harry Ludwig (born 1969)United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Brett Ludwig
/ref> is a

United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

of the United States District Court for the Eastern District of Wisconsin. He is a former Judge of the United States Bankruptcy Court for the Eastern District of Wisconsin.

Education

Ludwig earned his

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

from the

University of Wisconsin–Stevens Point The University of Wisconsin–Stevens Point (UW–Stevens Point or UWSP) is a public university in Stevens Point, Wisconsin. It is part of the University of Wisconsin System and grants associate, baccalaureate, and master's degrees, as well as ...

and his

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...

, ''

magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...

'', from the

University of Minnesota School of Law The University of Minnesota Law School is the law school of the University of Minnesota, located in Minneapolis, Minnesota. The school confers four law degrees: a Juris Doctor (J.D.), a Master of Laws (LL.M.), a Master of Science in Patent Law (M ...

Career

Upon graduating from law school, Ludwig served as a

law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...

to Judge George Fagg of the United States Court of Appeals for the Eighth Circuit. He was a partner at Foley & Lardner in

Milwaukee Milwaukee ( ), officially the City of Milwaukee, is both the most populous and most densely populated city in the U.S. state of Wisconsin and the county seat of Milwaukee County. With a population of 577,222 at the 2020 census, Milwaukee is ...

, where he focused on commercial litigation and dispute resolution and chaired the firm's pro bono practice. He has also taught at the Marquette University Law School.

Federal judicial service

Ludwig became a judge of the United States Bankruptcy Court for the Eastern District of Wisconsin in 2017 and served on that court until becoming a district judge. On February 26, 2020, President

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...

announced his intent to nominate Ludwig to serve as a

of the United States District Court for the Eastern District of Wisconsin. On March 3, 2020, his nomination was sent to the Senate. President Trump nominated Ludwig to the seat vacated by Judge

Rudolph T. Randa Rudolph Thomas Randa (July 25, 1940September 5, 2016) was an American judge. He was a United States district judge in the Eastern District of Wisconsin for the last 24 years of his life. He was Chief Judge of the Eastern District of Wisconsin ...

, who assumed

senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...

on February 5, 2016. On June 17, 2020, a hearing on his nomination was held before the Senate Judiciary Committee. On July 23, 2020, his nomination was reported out of committee by a

voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...

. On September 8, 2020, the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

invoked cloture on his nomination by a 83–6 vote. On September 9, 2020, his nomination was confirmed by a 91–5 vote. He received his judicial commission on September 10, 2020.

Notable cases

On December 12, 2020, Ludwig dismissed a lawsuit filed by

and his lawyers against the Wisconsin Elections Commission in an effort to overturn the results of the

2020 United States presidential election in Wisconsin The 2020 United States presidential election in Wisconsin was held on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states plus the District of Columbia participated. Wisconsin voters chose ...

. 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.""DONALD J. TRUMP, v. The WISCONSIN ELECTIONS COMMISSION, ET AL."
/ref> 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 an ''extraordinary'' 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."

References

External links

* {{DEFAULTSORT:Ludwig, Brett H. 1969 births Living people 20th-century American lawyers 21st-century American lawyers 21st-century American judges Wisconsin lawyers Judges of the United States bankruptcy courts Judges of the United States District Court for the Eastern District of Wisconsin Marquette University faculty People from Marshfield, Wisconsin United States district court judges appointed by Donald Trump University of Minnesota Law School alumni University of Wisconsin–Stevens Point alumni