A state Supreme Court justice—recently elected in a landslide—may be impeached before she ever hears a case.
Republicans in the State Assembly, who have sixty-four of the chamber’s ninety-nine seats, need only a simple majority to impeach Protasiewicz.In April, Janet Protasiewicz, a circuit-court judge in Milwaukee, was elected to the Wisconsin Supreme Court, shifting its balance of power to a 4–3 liberal majority.holds enormous implications for abortion rights, labor unions, voting rights, and, perhaps, the integrity of the 2024 Presidential election.
Robert Yablon, a professor of law at the University of Wisconsin-Madison, who has examined judicial impeachments across the country, has found no record of any judge in American history being impeached for failing to recuse herself owing to campaign activities, including statements made on the trail. He noted a 2002 U.S. Supreme Court case, whose majority opinion was written by Antonin Scalia, that gives wide latitude to judicial candidates to speak on political issues.
State Democrats, meanwhile, are apoplectic about Protasiewicz’s potential removal. This week, Ben Wikler, the chair of the state’s Democratic Party, announced a four-million-dollar outreach campaign, called Defend Justice, to try to head off an impeachment. “This is a fundamental threat to the American system of government,” Wikler told me.
Wisconsin has unusually lax recusal and campaign-finance rules, which were entirely crafted by Republican politicians and conservative justices. In 2007, when Chief Justice Annette Ziegler first ran for a seat on the court, Wisconsin Manufacturers & Commerce, the state’s largest business lobby, spent more than two million dollars on ads supporting her campaign. Despite calls for her to recuse herself from cases involving the organization, she has declined to do so.
The looming threat of Protasiewicz’s impeachment is the latest in a series of anti-democratic Republican interventions in Wisconsin’s civic infrastructure. Republican lawmakers have also enacted one of the strictest voter-I.D.
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