Wisconsin’s Republican Assembly speaker is renewing threats of impeachment against the state’s newest, and most liberal, Supreme Court Justice Janet Protasiewicz, claiming lawmakers may go after her if she doesn’t recuse herself from certain cases.
If Protasiewicz does not do so willingly, Assembly Speaker Robin Vos said lawmakers might consider ousting her themselves, one of the few tools left in their arsenal. Republican lawmakers also threatened impeachment almost immediately after she won her election.
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Vos argued during an interview with WSAU Radio on Friday that comments Protasiewicz made on the campaign trail about Wisconsin’s electoral maps being “rigged” and in need of repair should ethically disqualify her from voting on them.
“If there is any semblance of honor on the state Supreme Court left, you cannot have a person who runs for the court prejudging a case and being open about it, and then acting on the case as if you’re an impartial observer.”
In April, Protasiewicz defeated former Justice Daniel Kelly in a record-shattering election for the coveted Wisconsin Supreme Court seat. Her win wrangled control from conservatives, who have been in power for 15 years, and made her the deciding vote on abortion rights, political maps, and perhaps even the 2024 presidential race.
Democrats framed the state high court showdown as their last shot at stopping Republicans from keeping their grip on the battleground state, while conservatives slammed Protasiewicz’s impartiality. The race between Kelly and Protasiewicz was the most expensive race for a state Supreme Court in history, with an estimated $45 million pumped into it from special interest groups, including liberal megadonor George Soros and Richard and Elizabeth Uihlein, one of America’s wealthiest families who have two of the deepest pockets in conservative politics.
While Republicans have been quick to throw around the “impeachment” word, Vos said any decision would be taken after careful consideration.
“The idea that we’re going to immediately start an impeachment process is probably too radical,” Vos said. “I want to look and see, does she recuse herself on cases where she is prejudged? That, to me, is something that is at the oath of office and what she said she was going to do to uphold the Constitution. That, to me, is a serious offense.”
A legislative effort to oust Protasiewicz, who was sworn in on Aug. 1, would put Wisconsin politics into nearly uncharted waters. Lawmakers have only once, in 1853, impeached a judge. In that case, the state Assembly voted to impeach but not remove Circuit Judge Levi Hubbell on charges of corruption. Despite the Hubbell impeachment, it’s unlikely, legal experts say, to happen in Protasiewicz’s case.
Wisconsin Senate Minority Leader Melissa Agard, a Democrat, said Vos has been trying to weaponize “threats” of impeachment for months without cause.
“[Protasiewicz] has been proven to be resoundingly popular with the people of the state of Wisconsin who are fed up with Republican antics,” Agard said. “These comments that are being made by Speaker Vos, frankly, are threats to the will of the people and to democracy in Wisconsin.” She added that claims Protasiewicz was unfit to make unbiased decisions on redistricting were bogus.
“Scholars have been studying the district lines in Wisconsin as well as in other states, and it is clear that gerrymandering has a negative effect on democracy,” Agard said. “[That’s] simply referring to … what are known facts and indicating a problem here in the state of Wisconsin that needs to be addressed.”
A coalition of liberal law firms and Democratic voters sued the state in a bid to overturn a GOP-drawn legislative map, arguing it isn’t fair and gives Republicans an unfair advantage. The nonpartisan Gerrymandering Project from Princeton University gives the state’s maps an “F” grade for partisan fairness.
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Even though state Republicans have the majority in the Assembly and the supermajority in the Senate and could impeach and remove a publicly elected official such as Protasiewicz, it would be up to the state’s governor, a Democrat, to appoint her replacement.
The showdown over Protasiewicz comes as President Joe Biden heads to Wisconsin on Tuesday to tout his economic policies. Wisconsin is a critical state for the president and his reelection bid. His visit and tour come one week before Republicans head to Milwaukee for the GOP’s first presidential primary debate.
