Wisconsin’s Supreme Court Race Is The Left’s Opening To Reverse Years Of Conservative Victories

Wisconsin’s Supreme Court election has drawn national attention and set national spending records for a judicial race with over $45 million in spending. The outcome of the race will determine the ideological control of the court for years, and consequently, could reverse all the reforms made during the Gov. Scott Walker era. The state of Wisconsin has had an outsized role in national politics since 2010, with the administration taking bold steps in initiating reforms such as the historic Act 10 that resulted in over $15 billion in taxpayer savings, right to work, concealed carry, castle doctrine, and expanding school choice. This has made it a target for left-leaning groups, who see this election as their chance to undo all these reforms and overturn the conservative majority in the court.

The two candidates who are running to replace the conservative Chief Justice could not be more different. Milwaukee County Circuit Court Judge Janet Protasiewicz is running as the progressive, emphasizing “values” that influence her decisions. She questions the legitimacy of Wisconsin’s legislative maps and has declared her disagreement with the U.S. Supreme Court’s Dobbs decision that returned abortion law to the states. On the other hand, former Justice Dan Kelly represents an originalist approach, respecting the law as written by the legislature, and authored historic decisions during his tenure on the Court. His lead opinion in Tetra Tech overturned decades of deference to administrative agencies.

The election outcome will have far-reaching consequences, with every issue Wisconsinites care about ranging from abortion rights, fair maps, the 2024 election, and democracy itself, hanging in the balance. A liberal majority in the court would likely overturn the reforms of the legislature and Gov. Walker that conservatives worked to bring for a generation; even cases already addressed by the U.S. Supreme Court will be interpreted differently under a liberal majority, risking a disastrous outcome for Wisconsin.

The election will also impact policies, duly enacted by the legislature, securing elections, and electing strong conservatives. For instance, school choice, currently embodied under a 1998 Wisconsin Supreme Court in Jackson v. Benson, may be under the risk of change. A return of agency deference could result in an immediate shift of authority from the legislative branch to the executive branch if an activist court reinterprets the law. The voters need to decide if they want a progressive court that would change settled law or a conservative majority that respects it.

Former Justice Dan Kelly is urging citizens to save the court by keeping the conservative majority, but it’s ultimately up to the voters to decide its future. The election on Tuesday is more than just the court; it is about reversing years of reforms made by the legislature and Gov. Walker in the last decade or preserving the court under a conservative majority, which respects the law. The choice is obvious: save the court, save the state, and maintain settled law.

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