Why Wisconsin Republicans are talking about impeaching a new state Supreme Court justice

Why Wisconsin Republicans are talking about impeaching a new state Supreme Court justice

Before she even hears a case, there’s talk of impeachment for a newly elected liberal justice.

In an unprecedented move, the Republican-majority legislature in Wisconsin is discussing the impeachment of the newly elected liberal state Supreme Court Justice, Janet Protasiewicz. This comes as the court prepares to address the legislative electoral maps from 2011, which have been advantageous to the Republican party, resulting in significant majorities.

Here’s a closer look:

BACKGROUND:

In April, Justice Protasiewicz won a seat on the Wisconsin Supreme Court for a decade, effective from Aug. 1. Her notable win tipped the balance, handing liberals a 4-3 majority and ending a conservative dominance of 15 years. Right in her initial week, two lawsuits were filed against the Republican-devised legislative maps by groups and law firms aligned with the Democrats.

WHY CONSIDER IMPEACHMENT?

Key Republican figures, especially Assembly Speaker Robin Vos, suggest that Protasiewicz has shown bias towards redistricting cases, based on her campaign remarks. They also highlight her receipt of almost $10 million from the Wisconsin Democratic Party as a potential conflict of interest. While the party backs the redistricting efforts, they’re not a plaintiff in the lawsuits.

Justice Protasiewicz hasn’t commented on whether she’ll recuse herself from the cases, including the decision to hear them. However, a 3-3 split might emerge if she does. Notably, Conservative Justice Brian Hagedorn has previously sided with liberals in significant rulings, leading to Republican dismay.

WHAT WERE PROTASIEWICZ’S COMMENTS?

During her campaign, Protasiewicz repeatedly criticized the existing Republican-tilted maps, labeling them as “unfair” and “rigged.”

In a January discussion, she mentioned, “The maps are clearly skewed. They fail to represent the state’s population accurately.” She emphasized her stance on the maps but didn’t commit to any particular course of action.

RECUSAL AND IMPEACHMENT: WHAT’S THE LEGAL TAKE?

The U.S. Constitution mandates a judge’s recusal if they possess a financial stake in a case or if there’s a substantial chance of bias. State rules also specify instances when a judge must withdraw from a case, such as potential bias or making campaign commitments that appear to influence their ruling.

As for impeachment, the Wisconsin Constitution confines grounds to corrupt conduct while in office or committing a crime or misdemeanor.

Why Wisconsin Republicans are talking about impeaching a new state Supreme Court justice

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