The Republican leader of Wisconsin’s Assembly, Robin Vos, has reaffirmed his stance on the possible impeachment of newly elected liberal state Supreme Court Justice Janet Protasiewicz. Vos stated that impeachment remains on the table if Protasiewicz injects her own political bias into the redistricting case and fails to follow the law. This move comes despite advice from two former conservative justices advising against impeachment, drawing bipartisan opposition.
The Wisconsin Democratic Party has interpreted Vos’ comments as an indication that Republicans are reconsidering the impeachment process in an attempt to save face. Vos initially proposed impeachment in August after Protasiewicz criticized the Republican-drawn legislative boundary maps during her campaign, labeling them as “rigged” and “unfair.”
Notably, Protasiewicz has refused to recuse herself from the redistricting lawsuit and has sided with the liberal majority in accepting the case. Vos suggested that the final decision on impeachment may hinge on how Protasiewicz rules on this particular case. He also raised concerns about her acceptance of nearly $10 million from the Wisconsin Democratic Party, suggesting it may unduly influence her ruling.
Protasiewicz, however, has rejected these arguments, highlighting that other justices have accepted campaign contributions without recusing themselves from cases. She emphasized that she made no promises or pledges to rule on the redistricting lawsuit in any specific way.
While Vos ties impeachment to Protasiewicz’s ruling on redistricting, it is highly likely that Democratic Governor Tony Evers would be able to name a replacement if she is removed from office or resigns. A special election would only be triggered if a vacancy occurs before December 1. With oral arguments in the redistricting case scheduled for November 21, a ruling is expected to come after the special election deadline. As a result, if the Legislature proceeds with impeachment and conviction, Evers would appoint another liberal justice.
Critics have pointed out that justices of both conservative and liberal leanings have previously spoken out on issues that could come before the court, even during their run for office. Additionally, current justices have accepted campaign contributions without recusing themselves from cases. However, none of them have faced impeachment threats.
It is worth noting that the legislative electoral maps drawn by the Republican-controlled Legislature in 2011 solidified the party’s majorities, with Republicans currently holding a 64-35 majority in the Assembly and a 22-11 supermajority in the Senate. According to an Associated Press analysis, Wisconsin’s Assembly districts are among the most gerrymandered in the country, resulting in Republicans consistently winning more seats than expected based on their share of the vote.
Both lawsuits in question seek to ensure that all 132 state lawmakers are up for election in newly drawn districts by 2024.
