Wisconsin Democrats are fighting impending impeachment with a $4 million effort

(Scott Bauer/Associated Press)

Wisconsin Democrats are fighting impending impeachment with a $4 million effort

abortion

Scott Bauer

September 6, 2023

Wisconsin’s Democratic Party launched a $4 million effort on Wednesday to pressure Republicans to back down from impeaching a new liberal Supreme Court justice, who was targeted after she criticized GOP drafted election maps and had spoken out in favor of the right to abortion.

Having invested nearly $10 million in the election of Judge Janet Protasiewicz, the effort is aimed at protecting what Democrats hailed as a major political victory. The election of the judge shifted the balance of power in the state Supreme Court, giving Democrats the upper hand in the state battle over abortion and redistribution.

Republicans are having a political nuclear football, Wisconsin Democratic Party chairman Ben Wikler said in reference to impeachment. He said the threat amounted to political extortion.

But Republican Assembly Speaker Robin Vos, who has been most outspoken about possible impeachment, said on WISN-AM that the Democrats are trying to intimidate us, but the Republicans won’t back down. Vos also said that the Democrats’ action does not make it any more or less likely that Republicans will pursue impeachment proceedings.

Wisconsin Supreme Court chief justice accuses liberals of ‘crude exercise of exaggerated power’

Wisconsin Supreme Court justices are officially impartial, but candidates have long followed partisan lines. That has led to a highly politicized court, unlike states like Minnesota, where judges appointed by governors are undisputed.

The Wisconsin Constitution limits the reasons for impeaching a sitting office holder to corrupt conduct while in office or the commission of a felony.

The Democratic effort, which leaders said will include other groups, will include digital and television advertising, in-person voter outreach and a website where every Republican lawmaker is on impeachment.

Politicians shouldn’t reverse the election because they don’t like the results or the result, Senate Minority Leader Melissa Agard said at a news conference outside the Capitol. And we cannot let Robin Vos and the Wisconsin Republicans get away with this unconstitutional, unprecedented power grab in our state.”

Protasiewicz is part of a 4-to-3 liberal majority on the Wisconsin Supreme Court. The escalating battle for her seat has implications for the 2024 presidential election in the battleground state. In 2020, the conservative-controlled Supreme Court was within one vote of overthrowing the president

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Biden’s victory in the state. More battles are underway over the election rules that will be in place for the 2024 election, and any disputes over the winner could again be settled by the state’s Supreme Court.

Liberal wins Wisconsin Supreme Court seat ahead of abortion ruling

Protasiewicz began her ten-year term in August after winning her election by 11 points in April, aided by nearly $10 million from the Wisconsin Democratic Party. During the campaign, Protasiewicz spoke out for the right to abortion and called maps prepared by the Republican Party unfair and falsified.

Protasiewicz has never promised to rule in any way on cases of redistribution or abortion.

Her win gave the Liberals a majority on the court for the first time in 15 years, raising hopes among Democrats that the 1849 abortion ban would be overturned, the Republican cards jettisoned, and possibly a host of Republican priorities undone would be made.

Failing to defeat Protasiewicz in the election, Republican lawmakers are now talking about impeaching her over her comments during the race and her acceptance of Democratic Party money.

Republicans have raised impeachment as a possibility if Protasiewicz does not evade hearing of two redistribution lawsuits filed last month in her first week in office. The Republican Party-controlled legislature asked her to distance herself from the business.

Wisconsin election: 2024 pivotal swing state stakes Supreme Court scrutiny and access to abortion

Protasiewicz gave lawyers until Sept. 18 Tuesday to respond to the fact that the Wisconsin Judicial Commission, which investigates complaints against judges, dismissed complaints against her because her campaign remarks about redistribution violated the state’s judicial code.

Before Protasiewicz won the election, a lawsuit was filed in a district court to overturn Wisconsin’s 1849 ban on abortion. This case is expected to eventually reach the Wisconsin Supreme Court.

Legislative electoral maps prepared by the Republican-controlled legislature in 2011 bolstered party majorities, which now stood at 65-34 in the General Assembly and a 22-11 supermajority in the Senate. Only 50 votes are needed to bring about impeachment. It takes 22 votes to be convicted in the Senate, the exact number of seats held by the Republicans.

If the Assembly indicts her, Protasiewicz would be barred from serving as a judge until the Senate takes action. That could effectively prevent her from voting on redistricting without removing her from office and creating a vacancy for the Democratic administration to claim. Tony Evers would fill.

A vacancy created before December would trigger new Supreme Court elections on the same date as the April 2024 Wisconsin presidential primary.

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