Wisconsin, a newly elected Supreme Court justice, Janet Protasiewicz, has become the epicenter of a nationwide uproar, all before hearing her first case. This high-stakes drama has the potential to sway control of Congress and impact the critical swing state’s 10 Electoral College votes.
Protasiewicz’s journey to the Wisconsin Supreme Court was far from ordinary. She triumphed in a fierce April election, defeating conservative Dan Kelly with an impressive 11-point lead. This victory dramatically shifted the court’s balance, giving liberals a 4-3 majority for the first time in 15 years—a political earthquake in Wisconsin’s closely divided landscape.
The significance of this election extends far beyond state lines, with pivotal cases looming on topics like abortion, legislative districts, and voting procedures. Both political parties poured considerable resources into supporting their candidates, making this nominally nonpartisan election one of the most critical yet widely overlooked in recent memory.
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The previous conservative-dominated court, with a 4-3 majority, had ruled in favor of Republicans on issues like voter ID requirements and absentee ballot drop box prohibitions. In a state where four of the last six presidential elections were decided by less than a 1% margin, these rulings held immense sway.
One particularly contentious decision involved approving a state legislative map that heavily favored the GOP. This map could grant Republicans a substantial edge in Assembly and Senate seats, even in the event of a 50-50 statewide vote, raising concerns about fairness and gerrymandering.
The GOP’s control over redistricting also affects congressional seats, with six Republicans compared to just two Democrats representing Wisconsin. This control enabled Republicans to contest the 2020 presidential election outcome, despite Joe Biden’s victory in the state.
The controversy surrounding Justice Protasiewicz intensified when Republicans demanded her recusal from redistricting cases due to campaign donations from the Democratic Party and her characterization of legislative district maps as “rigged.” This fueled speculation of impeachment, a dramatic step that could lead to her removal from office.
However, this impeachment debate is complex. Other sitting justices have received campaign contributions from the state GOP and conservative groups without facing similar recusal calls. Both conservative and liberal justices have strong opinions on contentious matters, complicating the ethical considerations surrounding recusal.
Despite the Wisconsin Judicial Commission dismissing complaints against Protasiewicz for her comments on the maps, the possibility of impeachment looms. If the state Assembly impeaches her and the Senate convicts her, Democratic Governor Tony Evers could appoint her replacement. However, Wisconsin’s constitution prohibits any impeached judicial officer from exercising their office until acquitted, potentially leading to a prolonged vacancy on the court.
The potential impeachment of a judge over campaign statements is unprecedented in American history, adding a layer of uncertainty to this already complex saga. Liberal legal experts speculate that such an impeachment could be challenged in federal court, a process that could take years to resolve.
