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 U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

of the

United States District Court for the Eastern District of Wisconsin The United States District Court for the Eastern District of Wisconsin (in case citations, E.D. Wis.) is a federal trial court of limited jurisdiction. The court is under the auspices of the United States Court of Appeals for the Seventh Circuit ...

. He is a former Judge of the

United States Bankruptcy Court United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy ...

for the Eastern District of Wisconsin.

Education

Ludwig earned his

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

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, United States. Established in 1894, it is part of the University of Wisconsin System. UW-Stevens Point grants associ ...

and his

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

, ''

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 Sout ...

'', from the

University of Minnesota School of Law The University of Minnesota Law School is the law school of the University of Minnesota, a public university 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 Pa ...

Career

Upon graduating from law school, Ludwig served as a

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

to Judge George Fagg of the

United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western ...

. He was a partner at

Foley & Lardner Foley & Lardner LLP (often referred to simply as "Foley") is an international law firm founded in 1842. In terms of revenue, it ranked 45th on The American Lawyer's 2025 AmLaw 100 rankings of U.S. law firms, with $1.28 billion gross revenue in 2 ...

Milwaukee Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...

, 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 Marquette University Law School is the Law school in the United States, law school of Marquette University in Milwaukee, Wisconsin. It is one of two law schools in Wisconsin and the only private law school in the state. Founded in 1892 as the Mil ...

Federal judicial service

Ludwig became a judge of the

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 is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...

announced his intent to nominate Ludwig to serve as a

of the

. On March 3, 2020, his nomination was sent to the Senate. President Trump nominated Ludwig to the seat vacated by Judge Rudolph T. Randa, who assumed senior status on February 5, 2016. On June 17, 2020, a hearing on his nomination was held before the

Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...

. 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 "by 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 respondin ...

. On September 8, 2020, the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

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 The Wisconsin Elections Commission is a bipartisan regulatory agency of the state of Wisconsin established to administer and enforce election laws in the state. The Wisconsin Elections Commission was established by a 2015 act of the Wisconsin Legi ...

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 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