Brett H. Ludwig

Brett Harry Ludwig (born 1969) is a United States district judge 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 from the University of Wisconsin–Stevens Point and his Juris Doctor, magna cum laude, from the University of Minnesota School of Law.

Career

Upon graduating from law school, Ludwig served as a law clerk to Judge George Fagg of the United States Court of Appeals for the Eighth Circuit. He was a partner at Foley & Lardner in Milwaukee, 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. 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. On September 8, 2020, the United States Senate 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. 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." 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."