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The Wisconsin Supreme Court has flipped control to the liberals for the first time in 15 years, as Judge Janet Protasiewicz won the hotly contested race for the open supreme court seat, defeating former state Supreme Court Justice Dan Kelly. This victory comes at a crucial time for the court, which is expected to hear a challenge to Wisconsin’s pre-Civil War abortion ban and consider a lawsuit that could overturn Wisconsin’s Republican-drawn legislative maps. With a liberal majority, the court could redraw the maps and potentially give Democrats a better chance of winning races for the legislature, pushing the state’s political trajectory to the left. Protasiewicz’s campaign relied heavily on financial support from the Democratic Party of Wisconsin, raising over $14 million this year, while Kelly’s biggest financial backers included Wisconsin Manufacturers and Commerce and a group called Fair Courts America, which spent more than $10 million on ads criticizing Protasiewicz’s sentences. Protasiewicz will take office on August 1 for a term that runs until 2033.
The result of the Wisconsin Supreme Court election is significant for several reasons. With the election of Judge Janet Protasiewicz, Democrats have won control of the court for the first time in 15 years, giving them a potential advantage in upcoming cases, including a challenge to Wisconsin’s pre-Civil War abortion ban and a lawsuit that could overturn Wisconsin’s Republican-drawn legislative maps. The court’s decision on redistricting could give Democrats a better chance of winning races for the legislature and potentially redrawing Wisconsin’s congressional map, which currently favors Republicans.
Protasiewicz’s victory was celebrated by supporters, including the three liberal justices she will be joining on the Wisconsin Supreme Court. Protasiewicz’s campaign was heavily supported by the Democratic Party of Wisconsin, raising more than $14 million this year, the largest fundraising haul in a judicial race in history. In contrast, her opponent, former state Supreme Court Justice Dan Kelly, had significant financial support from conservative groups, including Wisconsin Manufacturers & Commerce and a group funded by GOP megadonor Richard Uihlein.
Kelly had sharp words for Protasiewicz in his concession speech, accusing her of demeaning the judiciary with her campaign. Protasiewicz had been open about her political views during the campaign, expressing support for a woman’s right to choose in regards to abortion and calling the state’s Republican-drawn legislative maps “rigged.”
The result of the Wisconsin Supreme Court election could have implications for the 2024 presidential election, with Wisconsin being a perennial swing state. Should election lawsuits be filed in state court, Protasiewicz will be one of the seven justices who have the final say. Protasiewicz will take office on August 1, and barring unexpected circumstances, the next chance conservatives have to flip the court back will be in 2025.
The Wisconsin Supreme Court race was seen as a critical test for both parties in a closely divided state where Republicans currently control the legislature and governorship. Democrats have struggled to gain a foothold in Wisconsin politics since President Donald Trump won the state in 2016, but this victory could be a turning point for the party.
The race also highlighted the escalating politicization of state supreme court elections, with both sides pouring in millions of dollars to sway voters. This trend has been fueled in part by the outsized role that state supreme courts play in deciding important policy issues, from voting rights to reproductive rights to gerrymandering.
The outcome of this election is likely to have ripple effects beyond Wisconsin, as other states look to the Badger State as a bellwether for their own judicial races. The race also underscores the growing importance of state courts in shaping national politics, particularly in the wake of the Supreme Court’s conservative shift under the Trump administration.
Overall, the victory by Protasiewicz and the liberal shift in the Wisconsin Supreme Court represent a significant win for Democrats and a setback for Republicans in a state that is expected to play a crucial role in the 2024 presidential election.
