Controversy Surrounds Impeachment Talk of Wisconsin Supreme Court Justice

In a political standoff that continues to capture attention, the Republican leader of Wisconsin’s Assembly, Assembly Speaker Robin Vos, has not retreated from the possibility of impeaching a newly elected liberal state Supreme Court justice, Justice Janet Protasiewicz. This situation revolves around her refusal to recuse herself from a redistricting case. Even after receiving advice from two former conservative justices who suggested that impeachment was not warranted, Vos remains resolute.

“No, absolutely not,” Speaker Vos declared at a news conference when asked if impeachment was off the table. He stated, “If they decide to inject their own political bias inside the process and not follow the law, we have the ability to go to the U.S. Supreme Court,” adding, “and we also have the ability to hold her accountable to the voters of Wisconsin.”

This controversy has prompted a response from the Wisconsin Democratic Party, who sees Vos’s comments as a sign that Republicans might be reconsidering impeachment. They believe this is an attempt to “move the goalposts in an effort to save face.” Vos initially floated the idea of impeachment back in August after Justice Protasiewicz criticized the Republican-drawn legislative boundary maps as “rigged” and “unfair” during her campaign. However, impeachment has garnered bipartisan opposition, and the former conservative justices he consulted advised against it.

Speaker Vos has kept the possibility of impeachment alive, linking it to how Justice Protasiewicz rules on the redistricting case. He emphasized the importance of following past precedent and raised concerns about her acceptance of nearly $10 million from the Wisconsin Democratic Party, suggesting that it could unduly influence her ruling.

Justice Protasiewicz has countered these claims, pointing out that other justices have accepted campaign donations and not recused themselves from cases. She also clarified that she never promised to rule in any particular way on the redistricting lawsuit. A state judiciary disciplinary panel dismissed several complaints against her, alleging violations of the judicial code of ethics due to comments made during her campaign.

If the legislature decides to impeach and convict Justice Protasiewicz, it is highly likely that Democratic Governor Tony Evers would be able to name her successor if she resigns or is removed from office. However, a special election is only triggered if a vacancy occurs before December 1, and oral arguments in the redistricting case are scheduled for November 21. This timeline makes it probable that a ruling won’t be issued until after the special election deadline, meaning that Evers would appoint another liberal justice.

The controversy surrounding this potential impeachment has highlighted the complexities of judicial politics, with justices, both conservative and liberal, previously expressing their opinions on issues that could come before the court. Moreover, justices have accepted campaign contributions from parties and individuals with an interest in court cases without facing threats of impeachment.

This situation stems from long-standing disputes over the redistricting of legislative boundaries in Wisconsin, with maps drawn by the Republican-controlled Legislature in 2011 significantly favoring the party. The existing maps were adopted last year. These issues have led to allegations of gerrymandering, with Wisconsin’s Assembly districts often considered among the most gerrymandered in the nation, resulting in Republicans consistently winning more seats than their average share of the vote would suggest, as per an Associated Press analysis. Two lawsuits are now seeking to redraw all 132 state lawmakers’ districts for the 2024 elections.

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