MADISON, Wis. — Wisconsin’s Supreme Court will shift from a conservative majority to a liberal majority in August. Democrats are hopeful that this change will result in the overturning of the state’s abortion ban and the redrawing of maps to weaken GOP control of the Legislature and congressional districts.
In an effort to elect a liberal majority to the court for the first time in 15 years, Democrats in Wisconsin focused on the issue of abortion. With the election of Janet Protasiewicz, who voiced support for abortion rights and criticized the Republican-drawn map, the Democratic Party spent $8 million to shift the court’s conservative majority by one seat. This victory set national spending records for a state Supreme Court race.
However, there are no guarantees. Republicans were upset when a conservative candidate they endorsed in 2019 occasionally sided with liberal justices.
While the court is expected to address issues such as abortion and redistricting, liberals are also considering bringing new challenges to school choice, voter ID laws, the law that ended collective bargaining for most public workers, and other laws supported by Republicans.
Attorney Rick Esenberg, president of the conservative Wisconsin Institute for Law & Liberty, expressed concern about the uncertainty of the battles that may lie ahead.
According to liberal attorney Pester Pines, who has argued multiple times before the state Supreme Court, some issues could take years to reach the court. Pines believes that unlike the previous conservative majority, the new liberal court will be less likely to rule on cases before they have been heard by lower courts.
A case challenging Wisconsin’s pre-Civil War era abortion ban is already pending, and a circuit court judge recently ruled that the case can proceed. The judge also raised doubts about whether the law actually prohibits abortions. The case is expected to reach the Supreme Court within months, and Protasiewicz, who has expressed strong support for abortion rights, has all but promised to overturn the ban.
The prospect of new congressional maps and improved chances for Democrats in competitive House districts is also on the agenda. Protasiewicz labeled the current maps as “rigged” and called for a reevaluation of them.
Given the narrow margins in past presidential elections in Wisconsin, the new court will have a pivotal role in hearing challenges leading up to the 2024 election and thereafter. Voting rules, including the voter ID requirement, may be subject to legal challenges. There is also a looming dispute over the state’s top elections administrator.
The new court could potentially address other contentious issues, such as the powers of the governor and challenges to school spending increases made through vetoes.
The governor’s veto power in Wisconsin is extensive and utilized by both Republicans and Democrats. However, the new court may weigh in on whether this power should be limited, especially in light of a recent veto extending school spending for 400 years.