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Wisconsin State Supreme Court Election

Published: 2025-04-02 02:05:26 5 min read

Wisconsin’s Supreme Court elections have long been a battleground for partisan influence, but the 2023 race shattered records and norms.

With control of the court at stake, spending soared past $50 million, making it the most expensive judicial election in U.

S.

history.

The race pitted liberal Janet Protasiewicz against conservative Daniel Kelly, but the real contest was over abortion rights, redistricting, and the future of democracy in a state notorious for its political polarization.

The 2023 Wisconsin Supreme Court election was not merely a contest between two candidates but a proxy war for partisan dominance, exposing flaws in judicial elections, the corrosive influence of dark money, and the erosion of public trust in an institution meant to be impartial.

Wisconsin’s judicial races were once low-key affairs, but after (2010), outside spending exploded.

Protasiewicz’s campaign alone raised over $22 million, much from out-of-state Democrats, while Kelly benefited from conservative megadonors like Richard Uihlein.

Advocacy groups A Better Wisconsin Together (liberal) and Fair Courts America (conservative) flooded airwaves with attack ads, blurring ethical lines.

Legal scholars like Joanna Shepherd (Emory Law) warn that such spending creates the perception that justice is for sale.

A 2022 Brennan Center report found that 38 states now allow some form of judicial elections, but Wisconsin’s lack of recusal rules for donor-related cases raises alarms.

When Protasiewicz vowed to oppose GOP-drawn legislative maps, critics accused her of prejudging cases a breach of judicial ethics.

The election’s central issues were never explicitly debated in courtrooms but dominated the campaign.

After (2022) overturned, Wisconsin’s 1849 abortion ban resurfaced, making the court a last resort for reproductive rights.

Protasiewicz openly called the ban unfair, while Kelly, who previously advised anti-abortion groups, avoided direct answers.

Similarly, redistricting loomed large.

Wisconsin’s maps are among the most gerrymandered nationwide, with Republicans holding a supermajority despite near-even voter splits.

Protasiewicz’s victory flipped the court’s balance (4–3 liberal), paving the way for challenges to both abortion bans and electoral maps.

Judicial recusal became a flashpoint.

Kelly demanded Protasiewicz recuse herself from redistricting cases due to her campaign statements, yet conservative justices had previously ruled on cases involving major donors.

Wisconsin Supreme Court election - TaroVikash

UW-Madison political scientist Howard Schweber notes, The court’s legitimacy hinges on avoiding the appearance of bias, but partisan rhetoric undermines that.

Wisconsin’s weak recusal rules which let judges self-determine conflicts contrast with states like Michigan, where bipartisan commissions vet complaints.

A 2019 study found that elected judges are more likely to favor donors, suggesting systemic risks.

The Wisconsin race reflects a national trend: state supreme courts are now policy battlegrounds.

From North Carolina to Ohio, partisan clashes over voting rights, education, and LGBTQ+ issues have migrated to judicial elections.

Legal ethicist Charles Geyh (Indiana University) argues that without reforms such as public financing or appointment systems judicial elections will continue to mimic partisan warfare.

The 2023 Wisconsin Supreme Court election laid bare the tensions between democracy and judicial independence.

While Protasiewicz’s win delivered liberals a crucial victory, the campaign’s tone and spending raise existential questions: Can judges be impartial when elected like politicians? Should states reconsider how justices are selected? The answers may determine not just Wisconsin’s future, but the integrity of America’s judiciary.

As the U.

S.

grapples with declining trust in institutions, Wisconsin’s experiment in judicial politics serves as a cautionary tale and a call for reform.

--- - Brennan Center for Justice (2022).

- Shepherd, Joanna (2013).

- (2019).

- Geyh, Charles (2016).