Mother Jones; Morry Gash/AP
Liberal judge Janet Protasiewicz won a critical seat on the Wisconsin Supreme Court on Tuesday, giving progressives their first majority on the court since 2008 and a pathway to challenging the GOP’s decade-plus stranglehold on power in the Badger State.
Occurring on the same day as Donald Trump’s arrest in Manhattan, Protasiewicz’s victory over former conservative justice Daniel Kelly has huge state and national significance. A new progressive majority on the Wisconsin Supreme Court could strike down the heavily gerrymandered maps that have locked in enormous Republican majorities in the legislature and a series of laws that have made it harder to vote. The court could also reverse unpopular laws – like an 1849 abortion ban – that the legislature refuses to repeal. A shift in the court removes the threat that conservatives could use their majority to overturn the 2024 election; Donald Trump’s attempt to nullify Joe Biden’s victory in the state failed by just one vote.
The race was the most expensive Supreme Court contest ever, topping $45 million, which triples the previous amount. Protasiewicz outraised Kelly, but conservative groups outspent liberal ones. Kelly was backed by prominent election deniers and funders of the insurrection who wanted to see a MAGA takeover of one of the nation’s most important state courts. In an angry election night speech, Kelly, while acknowledging his loss, called Protasiewicz a “serial liar” and said, “I do not have a worthy opponent to which I can concede.”
Since Republicans took over the legislature and governor’s mansion in 2011, the Wisconsin Supreme Court has been a key driver of GOP efforts to make their majorities voter-proof and turn the state into what Ben Wikler, chair of the Wisconsin Democratic Party, calls “a democracy-free zone.” But Wikler predicted that Protasiewicz’s election, which was driven by voter disgust with the state’s abortion ban and gerrymandered maps, would lead to “a new era of democracy,” restoring checks and balances and majority rule. Protasiewicz told the Associated Press that her victory was “really about saving our democracy, getting away from extremism.”
Protasiewicz’s impact on the court could be felt quickly. She ran an outspoken race for a judicial candidate, criticizing the “rigged” maps and saying she believes that “women have the right to choose.” A challenge to the abortion ban is making its way through state court and progressive groups have vowed to challenge the redistricting maps—which give Republicans a near super-majority in the legislature despite Democrats having won 14 of the past 17 statewide elections—after the new judge is seated on August 1.
Still, Republicans will likely do everything they can to maintain their dominance in the legislature and have already floated the idea of impeaching Protasiewicz, which could trigger a constitutional crisis in the state.
A new era for the court is beginning, but the fight over democracy in Wisconsin, with huge implications nationwide, is far from over.
