Could Tuesday’s election for one seat on the Wisconsin Supreme Court determine the future of our country or even the next president of the United States? Maybe not. But liberal judge Janet Protasiewicz’s victory over conservative judge Dan Kelly may be the most important election result of 2023.
This state Supreme Court election, in which a record $45 million was spent, flipped the balance of power on the swing state’s highest court. That, in turn, is likely to determine the future of abortion rights, election laws and voting rights — three hot-button issues in the swing state.
The balance of power on the state Supreme Court could determine the balance of political power in the state.
Let’s begin with abortion rights. Protasiewicz’s victory could provide a road map for Democrats in the 2024 elections. Wisconsin’s 1849 law banning almost all abortions has been in effect since the Supreme Court’s decision in Dobbs v. Jackson last June, which overturned Roe v. Wade. A challenge to that 19th century law is making its way to the state’s high court. Many of the more than $10 million in ads Protasiewicz aired in the election’s final weeks highlighted her views on abortion rights. Now she will most likely be the deciding vote when the 1849 law and other abortion issues reach Wisconsin’s highest court.
But this is about more than abortion. The balance of power on the state Supreme Court could determine the balance of political power in the state. While there are roughly the same number of Republicans and Democrats in Wisconsin, Republicans have drawn district lines to all but ensure that they win two-thirds of the state’s eight congressional districts. The state legislative lines are similarly rigged. Republicans would need to lose the statewide vote by more than 10 percentage points to lose the State Assembly. Democrats are eager to challenge those district lines, and with Protasiewicz’s victory, the state Supreme Court could now recognize…
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