Topline
Liberal-leaning Judge Janet Protasiewicz beat conservative Dan Kelly in Wisconsin’s Supreme Court race Tuesday, giving the court a liberal majority for the first time in more than a decade, which is expected to have wide-reaching implications on abortion and elections in the battleground state.
Wisconsin Supreme Court candidate Janet Protasiewicz participates in a debate on March 21 in … [+]
Key Facts
Protasiewicz, a judge in Milwaukee County and former prosecutor, was ahead of Kelly with 55.5% of the vote to Kelly’s 44.5%, as of 5 a.m. Eastern time Wednesday, with more than 95% of the votes in.
Kelly, a former Supreme Court justice who lost reelection in 2020, railed against Protasiewicz in his concession speech, calling his opponent’s campaign the most “deeply deceitful, dishonorable, despicable campaign I have ever seen run for the courts” and “truly beneath contempt.”
The outcome is expected to have a significant impact on abortion rights in Wisconsin, where abortion is now banned under a 19th century-era law, which is being challenged in court by Democratic state leaders and is expected to reach the state Supreme Court.
Protasiewicz had made abortion the central issue of her campaign and suggested she would rule in favor of striking down the abortion ban, sparking criticisms from Kelly and his supporters that she was being overly political and saying in advance how she would rule on cases.
Protasiewicz’s win is also expected to have a sizeable impact on the state’s elections, as the liberal majority on the court could overturn Wisconsin’s GOP-leaning legislative and congressional maps, and the head of the state’s Democratic Party told Roll Call fairer maps could put at least two House seats into play for Democrats to flip.
The Supreme Court is also likely to weigh in on voting rules—and potentially post-election challenges—in the 2024 election, when Wisconsin will be a major battleground state in the presidential race and Sen. Tammy Baldwin (D-Wis.) will face reelection.
Crucial Quote
“Today I’m proud to stand by the promise I’ve made to every Wisconsinite that I will always deliver justice and bring common sense to our Supreme Court,” Protasiewicz told supporters Wednesday following her win. “Our state is taking a step forward to a better and brighter future where our rights will be protected.”
Chief Critic
“It brings me no joy to say this: I wish that in a circumstance like this, I would be able to concede to a worthy opponent,” Kelly said in his concession speech. “But I do not have a worthy opponent to which I can concede.”
Surprising Fact
The race was the most expensive judicial election in U.S. history, with WisPolitics reporting more than $45 million had been spent on it as of the end of last week. That easily outspent the previous record holder, a 2004 race in Illinois that cost $15 million.
What To Watch For
Protasiewicz will serve a 10-year term on the court. The judge has said she will recuse herself from any cases brought by the Democratic Party, after it donated more than $8.8 million to her campaign, though she’s not expected to recuse herself from any cases brought by other parties who are aligned with it. The challenge to the state’s abortion law is still pending before a lower circuit court, which will have to rule on the case before it can go before the Supreme Court.
Key Background
Protasiewicz and Kelly advanced to the general election in February, becoming the top two candidates out of a four-candidate field. The liberal judge’s win marks the latest instance of voters showing up at the polls to express support for abortion rights after the U.S. Supreme Court overturned Roe v. Wade. The national ruling on abortion rights has been widely viewed as a catalyst for voters, who largely back abortion remaining legal, and a number of recent races in which abortion has played a major focus—including ballot measures directly concerning abortion and other elections where it’s been a central issue—have gone in favor of protecting abortion rights. State courts have become particularly important in the wake of the court’s ruling, as abortion rights advocates have turned to state courts in an effort to have abortion bans overturned under state constitutions, which has so far resulted in seven states’ bans being blocked in court.
Further Reading
Wisconsin Supreme Court Election: Why You Should Watch The Most Expensive Judicial Race In U.S. History (Forbes)
Here’s everything you need to know about Wisconsin’s Supreme Court race, the candidates and what’s at stake (Milwaukee Journal-Sentinel)
What’s at Stake in Wisconsin’s Supreme Court Election (Brennan Center for Justice)
Ripples from Wisconsin Supreme Court battle could reach the Hill (Roll Call)
Source: https://www.forbes.com/sites/alisondurkee/2023/04/05/liberal-judge-janet-protasiewicz-wins-wisconsin-supreme-court-race-heres-why-it-matters/