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Politics
GOP THREAT TO IMPEACH A WISCONSIN SUPREME COURT JUSTICE IS DRIVEN BY FEAR OF
LOSING LEGISLATIVE EDGE
1 of 3 |
FILE - Wisconsin Supreme Court Justice Janet Protasiewicz, who is being targeted
for possible impeachment by Republican lawmakers because of donations she
received from the Democratic Party and comments she made during her campaign,
attends her first hearing as a justice Thursday, Sept. 7, 2023, in Madison, Wis.
(AP Photo/Morry Gash, File)
Read More
2 of 3 |
FILE - More than 100 opponents of the Republican redistricting plans vow to
fight the maps at a rally ahead of a joint legislative committee hearing at the
Wisconsin state Capitol in Madison, Wis., on Thursday, Oct. 28, 2021. Wisconsin
Republicans have enjoyed outsize control of the Legislature in one of the most
closely divided states for a dozen years. Maintaining that power is now at the
heart of a drama involving the state Supreme Court that has national political
implications. (AP Photo/Scott Bauer, File)
Read More
3 of 3 |
FILE - Wisconsin Assembly Speaker Robin Vos speaks at the Capitol in Madison,
Wis., July 27, 2021. Wisconsin Republicans have enjoyed outsize control of the
Legislature in one of the most closely divided states for a dozen years.
Maintaining that power is now at the heart of a drama involving the state
Supreme Court that has national political implications. Vos, in testimony he
gave in 2021 when introducing the latest maps, noted that the U.S. Supreme Court
allowed for partisanship to be a factor when drawing lines. (AP Photo/Scott
Bauer, File)
Read More
GOP threat to impeach a Wisconsin Supreme Court justice is driven by fear of
losing legislative edge
1 of 3 |
FILE - Wisconsin Supreme Court Justice Janet Protasiewicz, who is being targeted
for possible impeachment by Republican lawmakers because of donations she
received from the Democratic Party and comments she made during her campaign,
attends her first hearing as a justice Thursday, Sept. 7, 2023, in Madison, Wis.
(AP Photo/Morry Gash, File)
Read More
1 of 3
FILE - Wisconsin Supreme Court Justice Janet Protasiewicz, who is being targeted
for possible impeachment by Republican lawmakers because of donations she
received from the Democratic Party and comments she made during her campaign,
attends her first hearing as a justice Thursday, Sept. 7, 2023, in Madison, Wis.
(AP Photo/Morry Gash, File)
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Read More
2 of 3 |
FILE - More than 100 opponents of the Republican redistricting plans vow to
fight the maps at a rally ahead of a joint legislative committee hearing at the
Wisconsin state Capitol in Madison, Wis., on Thursday, Oct. 28, 2021. Wisconsin
Republicans have enjoyed outsize control of the Legislature in one of the most
closely divided states for a dozen years. Maintaining that power is now at the
heart of a drama involving the state Supreme Court that has national political
implications. (AP Photo/Scott Bauer, File)
Read More
2 of 3
FILE - More than 100 opponents of the Republican redistricting plans vow to
fight the maps at a rally ahead of a joint legislative committee hearing at the
Wisconsin state Capitol in Madison, Wis., on Thursday, Oct. 28, 2021. Wisconsin
Republicans have enjoyed outsize control of the Legislature in one of the most
closely divided states for a dozen years. Maintaining that power is now at the
heart of a drama involving the state Supreme Court that has national political
implications. (AP Photo/Scott Bauer, File)
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3 of 3 |
FILE - Wisconsin Assembly Speaker Robin Vos speaks at the Capitol in Madison,
Wis., July 27, 2021. Wisconsin Republicans have enjoyed outsize control of the
Legislature in one of the most closely divided states for a dozen years.
Maintaining that power is now at the heart of a drama involving the state
Supreme Court that has national political implications. Vos, in testimony he
gave in 2021 when introducing the latest maps, noted that the U.S. Supreme Court
allowed for partisanship to be a factor when drawing lines. (AP Photo/Scott
Bauer, File)
Read More
3 of 3
FILE - Wisconsin Assembly Speaker Robin Vos speaks at the Capitol in Madison,
Wis., July 27, 2021. Wisconsin Republicans have enjoyed outsize control of the
Legislature in one of the most closely divided states for a dozen years.
Maintaining that power is now at the heart of a drama involving the state
Supreme Court that has national political implications. Vos, in testimony he
gave in 2021 when introducing the latest maps, noted that the U.S. Supreme Court
allowed for partisanship to be a factor when drawing lines. (AP Photo/Scott
Bauer, File)
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By SCOTT BAUER and DAVID A. LIEB
Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Updated
2:22 AM HST, September 10, 2023
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MADISON, Wis. (AP) — Wisconsin Republicans have enjoyed outsize control of the
Legislature in one of the most closely divided states for a dozen years.
Maintaining that power is now at the heart of a drama involving the state
Supreme Court that has national political implications.
A new liberal tilt to the court is driving Republican fears of losing their
large legislative majorities, which were built under some of the most
gerrymandered political maps in the country. Republicans have threatened to
impeach the justice who was elected earlier this year and flipped the court to a
4-3 liberal majority, unless she withdraws from any case involving
redistricting. The GOP is citing concerns about her campaign statements and
fundraising.
Democratic leaders have decried that threat as “political extortion” and are
mobilizing voters to pressure Republicans in districts won by the new justice
and to back down.
“Impeachment is an act of pure power politics,” said Ben Wikler, chair of the
Wisconsin Democratic Party. “It’s a desperate gambit to avoid accountability to
voters who choose their state representatives, their state senators and their
Supreme Court justices.”
Other news
Wisconsin Supreme Court candidates often speak out on hot topics. Only one faces
impeachment threat
Wisconsin GOP threatens to impeach justice over donations, but conservatives
also took party cash
Wisconsin Democrats combat threatened impeachment of court justice with $4M
effort
Altering the makeup of the Wisconsin Supreme Court also holds the potential to
affect the 2024 presidential election in the perennial battleground.
Four of the past six presidential contests in the state have been decided by
less than a percentage point. In 2020, the state Supreme Court, then controlled
4-3 by conservatives, came within one vote of overturning Democrat Joe Biden’s
nearly 21,000 vote victory over then-President Donald Trump.
Wisconsin Republicans, who hold majorities of 64-35 in the state Assembly and
22-11 in the Senate, are squarely focused on their own futures. The political
maps they drew that helped them win near veto-proof supermajorities are at risk
of being overturned under the newly left-leaning Supreme Court.
Two lawsuits challenging the gerrymandered maps as unconstitutional were filed
the first week after the new justice was seated. The Supreme Court has yet to
decide whether it will take either case.
Republicans, and even Democrats the last time they had majority control of the
Legislature 14 years ago, have resisted moves to give up their power to draw
electoral district boundaries.
States that have shifted responsibility for redistricting from partisan
legislatures to independent commissions generally have seen a reduction in
gerrymandering, in which lines are drawn in a way that expands or cements one
party’s grip on power. Districts drawn by independent commissions generally
result in election outcomes more closely aligned with the will of voters.
Neighboring Michigan stands as a stark example of what can happen under
independent redistricting.
Republican lawmakers, who then controlled Michigan’s redistricting process, drew
maps after the 2010 census that gave them an enduring advantage for the next
decade. In 2020, for example, Democratic legislative candidates received a
slight majority of votes, yet Republicans won a 58-52 majority in the Michigan
House and a 22-16 majority in the Senate under the maps they had drawn.
Unlike Wisconsin, Michigan allows its residents to propose their own laws or
constitutional amendments and put those proposals on the ballot for a statewide
vote. In 2018, voters approved a citizen-led effort to take redistricting away
from state lawmakers and give the task to an independent commission. That
commission, which is instructed to be guided by “partisan fairness,” drew the
current legislative and congressional maps after the 2020 census.
The 2022 midterm election was the first to use Michigan’s new districts,
resulting in a flip of legislative control. Democratic legislative candidates
received just under 51% of the total statewide votes, translating to a 56-54
House majority and a 20-18 Senate majority.
In Wisconsin, it is impossible to change the redistricting process unless
lawmakers voluntarily relinquish their power. That’s because Wisconsin is among
26 states that do not allow citizens to bypass their legislature through ballot
initiatives.
The result is that Wisconsin continues to operate under legislative districts
shaped by Republican lawmakers, who have built lopsided majorities that do not
reflect the state’s overall political leanings.
While Republicans have used partisan gerrymandering to maintain their large
majorities in the Legislature, voters have elected Democrats to all but one of
the statewide executive offices that are decided on a partisan basis, including
governor and attorney general. They also have elected a Republican and a
Democrat to the U.S. Senate — votes that also are done on a statewide basis.
“Republican leadership in Wisconsin has worked hard over the past decade to
insulate themselves from the will of the voters,” said Democratic Assembly
Minority Leader Greta Neubauer.
In the 2022 election, Wisconsin’s Assembly districts had the nation’s
second-largest Republican tilt behind only West Virginia, according to an
Associated Press statistical analysis that was designed to detect potential
gerrymandering. Republicans received less than 55% of the votes cast for major
party Assembly candidates, yet they won 65% of the seats.
“That’s what you call rigged,” said Democratic U.S. Rep. Mark Pocan, a former
Wisconsin state Assembly member. “It’s not a Democratic or Republican issue. It
shows that there’s an imbalance in the math of a 50-50 state.”
Wisconsin Assembly Speaker Robin Vos, in testimony he gave in 2021 when
introducing the latest maps, noted that the U.S. Supreme Court allowed for
partisanship to be a factor when drawing lines.
“Was partisanship considered as a consideration in the map? Yes,” Vos testified.
The Wisconsin Legislature “is effectively really no longer a democracy,” said
Nick Seabrook, a redistricting researcher and department chair at the University
of North Florida. “There is no plausible popular vote result that’s ever going
to lead to anything other than a Republican majority in the Wisconsin state
legislature.”
With no avenue for a public referendum and faced with Republican dominance in
the Legislature, Wisconsin Democrats shifted their focus to winning a majority
of seats on the state Supreme Court with the hope of overturning the maps
through a legal challenge.
The election of Janet Protasiewicz in April delivered the long-sought majority
on the state’s highest court that Democrats have fought to win back over the
past 15 years.
Protasiewicz made her position on redistricting clear during the campaign,
calling the GOP maps approved by the conservative-controlled state Supreme Court
“unfair” and “rigged.” The Wisconsin Democratic Party donated nearly $10 million
to her campaign. She won by 11 percentage points during an April election and
took her seat in August.
Legislative Republicans immediately called on Protasiewicz to step aside from
redistricting cases, citing her comments during the campaign and donations from
the Democratic Party. She never said during the race how she would rule, and in
the past week released a letter from the state commission that investigates
complaints against judges that said it had dismissed ones related to her
comments on redistricting.
Still, Vos continues to threaten impeachment. It is up to each justice to decide
whether to recuse, and a Supreme Court rule adopted by conservative justices
more than a decade ago explicitly allows justices to hear cases involving
campaign donors. All but one of the current members of the court has taken money
from political parties, but Republican lawmakers have voiced no complaints about
conservative justices accepting money from the GOP.
Wisconsin Assembly Republican Majority Leader Tyler August dismissed the
comparison this week.
“She has clearly prejudged the case,” he said of Protasiewicz. “We’re talking
about this case, this justice, and I’ll leave it at that.”
___
Lieb reported from Jefferson City, Missouri.
SCOTT BAUER
Covering Wisconsin politics and news
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