After 15 years, the liberal faction has gained control of the Wisconsin Supreme Court.

 

image source npr.org

Milwaukee, Wisconsin - The Democratic Party achieved a big victory in Wisconsin's off-year election by winning the state's open seat on the Supreme Court and giving control of the court to the liberal faction for the first time in 15 years.

Judge Janet Protasiewicz of Milwaukee County defeated former state Supreme Court Justice Dan Kelly in the contested election for the Wisconsin Supreme Court, according to AP. Spending on the campaign broke national records for a state supreme court election.

Protasiewicz's victory comes at a crucial time for both the court and the Democratic voters who elected her. The justices are all but certain to hear challenges to Wisconsin's pre-Civil War ban on abortion, and the liberal majority makes it more likely that they will consider lawsuits that could overturn the Wisconsin legislative map drawn by Republicans.

Barring unforeseen circumstances, this victory guarantees that liberals will hold a majority on the court ahead of next year's presidential election. If election lawsuits are brought before the state court, Protasiewicz will be one of the seven justices with final say.

As Protasiewicz approached the stage for her victory speech, the crowd at the Saint Kate Hotel in downtown Milwaukee erupted and some of her closest supporters danced on stage.

As she moved towards the end of her speech, Protasiewicz took to the stage with the three other liberal judges who will soon join her on the Wisconsin Supreme Court.

"Our country is taking a step forward towards a brighter future where our rights and freedoms are protected," Protasiewicz said. "There is still work to be done, but tonight, we celebrate this historic victory. It has clearly reignited hope in many of us."

Democratic Party's high expectations

The court's redrawing of maps could potentially increase the Democrats' chances of winning legislative elections and ultimately push the state's political trajectory to the left. The court could also redraw Wisconsin's congressional maps. Currently, Republicans hold six out of eight seats in the state's House of Representatives, despite the state being a 50-50 split otherwise.

Protasiewicz was born and raised on Milwaukee's south side and served as a prosecutor for 25 years in the Milwaukee County District Attorney's office, spending most of the past decade as a judge.

While Protasiewicz has not promised to rule in any particular way on cases submitted to the Supreme Court, she was particularly open about her politics during the campaign. On the issue of abortion, she stated that she believes women have the right to choose. Regarding redistricting, she called the legislative maps created by the state's Republicans "gerrymandered."

As her campaign also heavily relied on financial support from the Wisconsin Democratic Party more than anyone in history, Protasiewicz pledged not to be involved in any cases involving the state party if elected.

Kerry's loss and money

In a concession speech to supporters in Green Lake, Wisconsin, Kelly spoke harshly of Protasiewicz, saying that she had "disrespected justice" during the campaign.

"I respect the decision that the people of Wisconsin have made," Kelly said. "But I don't think this is going to end well."

During the campaign, Kelly downplayed his own political views but brought the Republican Party's long resume into the election. He was originally appointed to the court by former Republican Governor Scott Walker in 2016. Much of Kelly's career was spent as a lawyer. In 2012, he defended the legislative map of Wisconsin drawn by the Republican Party in federal court. After losing his first election in 2020, Kelly returned to private practice, where his clients included both state and national Republicans.

Kelly's largest financial supporters included Fair Court America, a group funded by Wisconsin manufacturers and commerce, as well as Richard Uihlein, a major Republican donor. Together, they spent over $10 million on ads criticizing the decision made by Protasiewicz as a judge in Milwaukee County.

While Kelly and conservative groups poured in large amounts of money in the final week of the campaign, Protasiewicz was able to mount an unprecedented fundraising effort in judicial races and raised over $14 million this year. Most of that money came from transfers from the state's Democratic Party.

This race broke the previous national record for spending in a state Supreme Court race. According to the Brennan Justice Center, the old record of $15.2 million was set in the 2004 Illinois Supreme Court election. According to the center's tracking, nearly $29 million was spent on political ads in Wisconsin's election campaign. Another tally by Wisconsin political news site WisPolitics found that total spending in the race reached $45 million.

Protasiewicz will take office on August 1, and her term will last until 2033. Unless something unexpected happens, the next chance for conservatives to flip the court will be in 2025.