“Wisconsin’s Polarizing Supreme Court Election: What It Means for 2024”

Christina Coleman| April 29th, 2023

| Change the Nation | Promote Equality | Inspire Passion

Wisconsin had no liberal control for nearly fifteen years until Milwaukee County Judge Janet Protasiewicz won against her conservative challenger, former state Supreme Court Justice Dan Kelly. Although Wisconsin is known to be split down the middle regarding political ideology, Republicans have dominated the state due to gerrymandering. Nevertheless, this win will decide if abortion in the state is banned due to the upcoming ruling on the ban from 1849. Signed by Governor Nelson Dewy on March 31, 1849, explicitly states, “Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.” It has been highly criticized due to nineteenth-century law in the 21st century. On the other hand, the strongly drawn legislative district maps showing favoritism to the state’s conservatism will remain in place, as the party has held control since 2011 across the state. Wisconsin currently has eight congressional districts which have been contested. With the next presidential election looming over both Democratic and Republican leaders, Protasiewicz’s win has forced the hand of the Republican party to rethink its strategy as they eye the White House.

Wisconsin had no liberal control for nearly fifteen years until Milwaukee County Judge Janet Protasiewicz won against her conservative challenger, former state Supreme Court Justice Dan Kelly. Although Wisconsin is known to be split down the middle regarding political ideology, Republicans have dominated the state due to gerrymandering. Nevertheless, this win will decide if abortion in the state is banned due to the upcoming ruling on the ban from 1849. Signed by Governor Nelson Dewy on March 31, 1849, explicitly states, “Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.” It has been highly criticized due to nineteenth-century law in the 21st century. On the other hand, the strongly drawn legislative district maps showing favoritism to the state’s conservatism will remain in place, as the party has held control since 2011 across the state. Wisconsin currently has eight congressional districts which have been contested. With the next presidential election looming over both Democratic and Republican leaders, Protasiewicz’s win has forced the hand of the Republican party to rethink its strategy as they eye the White House. 

Judge Protasiewicz is a self-proclaimed community leader, an advocate for criminal justice system victims, and a former prosecutor in Wisconsin. Serving as a Circuit Court Judge for almost a decade and staying true to her hometown roots instilled by her working-class family has led her to serve as a board member on organizations such as the Polish Heritage Alliance, the American Red Cross-Wisconsin Chapter, and the Association of Marquette University Women.

 

Running against Kelly in a state with a Republican supermajority, Protasiewicz’s Democratic campaign had to be bipartisan, according to her campaign camp, to appeal to the masses given the current political climate. Her campaign focused on running advertisements to counterargue that her opponent described her as a self-made politician, not a judge. He described her agenda as not above the law, which can be found across social media platforms such as Twitter and Youtube. In the following weeks, the state’s voter turnout for the election amassed to 1,839,656 Wisconsinites, with Protasiewicz bringing in 55.5% of the vote translating into 1,021,370 individual ballots cast. 

With the Wisconsin Supreme gaining a liberal majority, what does this mean for the upcoming presidential election? Protasiewicz’s win against Kelly offered insight into the swing state’s electorate following former President Donald J. Trump’s indictment and its impact on the Republican landscape. “Described as the most consequential election in the nation this year,” testing the strength of both political parties and those in the middle looking at the inside from the outside (Brownstein 2023). As a swing state, presidential candidates have leveraged the decisive to benefit their political agenda while eyeing the Oval Office. Kelly’s predicted win would have showcased the Democrats’ inability to handle the public’s increasing anxiety regarding crime and gun control in the country. School and public place shootings have gained almost a weekly occurrence in 2023 alone. In contrast, Protasiewicz’s predicted win would support the estimated growth in support for legalized abortion after the former presidential administration was outspoken about its opposition publicly and behind the curtains. This could potentially reset the current precedent set by the U.S. Supreme Court after overruling Roe V. Wade in the case of Dobbs v. Jackson Women’s Health Organization in July of last year. 

 

The actual influence the former prosecutor and former Milwaukee County Judge’s election victory has on the state, and the country as a whole has yet to be determined. With the 2024 presidential election looming with suspected front runners from Republicans and Democrats yet to be cemented as summer is near, it does not hurt to keep a watchful eye once Protasiewicz is sworn in this summer on August 1st. 

 

Sources 

  1. Brownstein, Ronald. 2023. “The First Electoral Test of Trump’s Indictment.” The Atlantic. March 31, 2023. https://www.theatlantic.com/politics/archive/2023/03/wisconsin-supreme-court-election-2024-races/673567/
  2. The New York Times. 2023. “Wisconsin Supreme Court Election Results,” April 4, 2023, sec. U.S. https://www.nytimes.com/interactive/2023/04/04/us/elections/results-wisconsin-supreme-court.html.
  3. “Janet Protasiewicz Takes High-Stakes Supreme Court Election, Flipping Wisconsin Court’s Balance of Power.” 2023. Superior Telegram. April 5, 2023. 
  4. “Meet Janet.” n.d. Janet for Justice. Accessed April 16, 2023. https://www.janetforjustice.com/meetjanet.

 

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