The Wisconsin Supreme Court Election

A primer [updated]

Democratic candidate Janet Protasiewicz and Republican candidate Dan Kelly

There is a State Supreme Court election in Wisconsin tomorrow, which probably isn't getting as much attention as it should because one, it's Wisconsin. This is not meant as a sleight against this specific state but, to be honest, how many people pay attention to what's going on in states in which they don't live? Two, it's April and it's still quite chilly. Three, this election is for a state supreme court seat which, unfortunately, isn’t of interest to most people.

But this State Supreme Court election is a very, very big deal. The opponents are Judge Janet Protasiewicz and Judge Dan Kelly. In an unusual twist, both candidates have been very open about their ideological leanings

Democratic candidate, Protasiewicz is running a campaign in which she has laid out her support of reproductive freedom, expressed her concerns about Wisconsin’s extreme gerrymandering, and warned against the dangers of election interference. Republican Kelly, who was initially appointed by former Governor Scott Walker, is anti-choice, pro-Big Lie, pro-insurrection, and pro-Donald.

Despite the fact that judicial elections (and appointments) are supposed to be non-partisan, this one decidedly is not. (They never really are, of course—the Supreme Court of the United States is proof—but this continues to be a myth we buy into.) In this case, there is zero doubt who is on which team.

Not surprisingly, the Wisconsin State Supreme Court, when it was comprised of a right-wing majority, delivered win after win for the Republicans. If Kelly wins, the court he joins will put the nail in the coffin of a woman’s right to choose. There are 20-year-olds in the state who are choosing to get their tubes tied because they don't want to risk an unwanted pregnancy. Young people are leaving Wisconsin en masse because they don’t want to live in a state that so drastically restricts their freedoms.

Approximately 6 million people live in Wisconsin but only 300 medical school students graduate every year. It’s not clear why a majority of them would want to stay in the state. What would that mean to the lives of the people who are left behind?

Governor Tony Evers is straight-forward about the economic challenges the state faces if it cannot retain a workforce, a task that is complicated but the fact that nobody wants to check their freedom at the door in order to stay in Wisconsin. And, it should go without saying, that no woman wants to be treated like a second-class citizen.

Wisconsin is essentially a 50-50 state. Evers is a democrat; there is one democratic senator, Tammy Baldwin; there is one Republican senator, Ron Johnson, who seems to represent Russia more than America. Despite this, the state is so heavily gerrymandered that, whenever there's an election, the only question is whether the state legislature will have a Republican majority or a Republicans super-majority. Gov. Evers is constrained by a Republican state legislature regardless of the will of the majority of Wisconsin voters.

This race is critical because the justice who retired was the fourth conservative on a seven-person court. Her replacement will determine the direction of the court for the next few years. His or her decision vis-a-vis gerrymandering, abortion, gun rights, crime, the big lie, union busting, the integrity of elections and many other issues with national significance will have the potential to decide the future of this country.

This is what’s at stake tomorrow: 60% of Wisconsin voters are pro-choice but a Republican-led Supreme Court would ensure that an 1849 provision that bans all abortions remains the law of the land. A Republican majority could refuse to certify the results of the 2024 presidential election if the winner is a Democrat. The gerrymandered maps would remain in effect giving the Republicans a permanent, unearned advantage.

Also on the ballot is a crucial State Senate seat. If the Democratic candidate, Jody Sinykin, loses the Republicans would control the Senate with a super-majority. The consequences of that are potentially dire because Republicans would have the power to impeach and remove from office pretty much any elected Democrat—including State Supreme Court Justices and the governor.

This is a perfect opportunity to educate the American electorate about the importance of voting all the way down ballot, including in judicial races. Clearly, we need to do a better job of informing the public about the ideological bent of the judges for whom they vote. Sometimes it’s difficult to suss that out because judicial candidates can be less than forthcoming because neutrality is so valued.

We need to acknowledge the success of the right wing where its message discipline is concerned. Leonard Leo and the Federalist Society have spent billions of dollars, they’ve groomed a generation of young activists who have become federal judges and, some of them, ultimately, right wing extremists on the Supreme Court of the United States.

We need to acknowledge and counter the right’s success and do everything in our power to make sure Judge Janet Protasiewicz is elevated to the Wisconsin Supreme Court.