The political environment in Wisconsin has further escalated as Wisconsin Assembly Speaker Robin Vos announced his intent not to impeach state Supreme Court Justice Janet Protasiewicz, but rather, to leave the task to the U.S. Supreme Court. Justice Protasiewicz, who was elected in April and succeeded in flipping control of the state Supreme Court to liberal justices, had previously labeled the state’s electoral maps as “rigged”. This comment, in conjunction with legal challenges filed by Democrats against Wisconsin’s maps upheld by the high court the previous year, ignited a flame of controversy among conservative justices and legislators alike.
The Justice Protasiewicz’s election campaign attracted an estimated $56 million, setting a record for the most expensive state judicial election in history. Protasiewicz’s conservative colleagues argue that her statements during the campaign indicate a significant bias. Justice Rebecca Bradley expressed her dissent arguing that the likelihood of bias on Protasiewicz’s part is near certainty.
Despite the heated calls for Protasiewicz to recuse herself from the redistricting cases in light of her campaign statements, the Justice firmly stated that recusal decisions adhere to the law and not personal preference, voicing this in a statement she made last Friday.
Selectively seeking support for his impeachment rhetoric, Speaker Vos engaged with various state Supreme Court justices, including Protasiewicz’s predecessor Patience Roggensack. However, the response was lukewarm with at least two potential supporters rejecting the idea. Former Justice David Prosser conveyed his stance in an open letter and former colleague Jon Wilcox also expressed his dissent.
Vos hit a further stumbling block in the state’s upper house, where senators were hesitant to respond with an act of partisanship to what they perceived as another partisan act. Yet, Vos remains defiant, asserting during an interview that if relevant Democratic contributions were discovered to sway the Judge’s rulings, impeachment remains a consideration. Furthermore, Vos has not dismissed the possibility of soliciting Justice Alito’s intervention.
This situation continues to develop and highlights the increasingly political environment surrounding court decisions, capturing the interest of legal professionals in corporations and law firms alike worldwide. As tensions rise, the legal reality of how these issues will be addressed remains to be seen.