Supreme Court justice rejects GOP call to recuse on redistricting cases
The Wisconsin Supreme Court, in a 4-3 vote along partisan lines Friday, agreed to hear a challenge to Republicandrawn legislative maps after a newly elected liberal justice declined to recuse herself.
Justice Janet Protasiewicz’s decision to remain on the case increases the chance that Republicans, who control the Legislature and drew the maps, may proceed with the unprecedented step of impeaching her.
Assembly Speaker Robin Vos has threatened impeachment if she doesn’t step down. Vos had no immediate comment on her decision, saying he needed to first speak with his attorney.
Two lawsuits challenging the latest maps were filed in the first week after Protasiewicz joined the Supreme Court on Aug. 1. Protasiewicz is part of a 4-3 liberal majority on the court, ending a 15year run with conservative justices in control.
The court on Friday agreed to hear one of the cases and dismissed the other. All four liberal justices agreed to take the case, while the three conservative justices dissented.
Republicans argue Protasiewicz has pre-judged the case, which could result in new, more Democrat-friendly maps being drawn before the 2024 election.
In her 64-page order, Protasiewicz said she understood that the issue had “engendered strong feelings in some quarters among people of good faith.” But she said after searching the law “and my conscience,” she did not need to recuse.
Protasiewicz said that while stating her opinion about the maps, she never made a promise or pledge about how she would rule on the cases.
“I will set aside my opinions and decide cases based on the law,” she wrote. “There will surely be many cases in which I reach results that I personally dislike. That is what it means to be a judge.”
The Wisconsin Judicial Commission, which investigates complaints against judges, earlier this year rejected complaints filed against Protasiewicz related to her comments on redistricting during the campaign.
Republicans asked that Protasiewicz recuse from both redistricting cases, arguing in their motion that “Justice Protasiewicz’s campaign statements reveal that her thumb is very much on the scale in this case.” They also pointed to the nearly $10 million she received from the Wisconsin Democratic Party, which is not a party on the redistricting cases but has advocated for drawing new maps.
During her winning campaign, Protasiewicz called the Republican-drawn maps “unfair” and “rigged” and said there needs to be “a fresh look at the gerrymandering question.” Protasiewicz never said how she would rule on a redistricting lawsuit.
“Recusal decisions are controlled by the law,” Protasiewicz wrote. “They are not a matter of personal preference. If precedent requires it, I must recuse. But if precedent does not warrant recusal, my oath binds me to participate.”
Protasiewicz said that is the case even if the case is controversial.
“Respect for the law must always prevail,” she wrote. “Allowing politics or pressure to sway my decision would betray my oath and destroy judicial independence.”
Protasiewicz said in Friday’s order that she could find no case in which a judge recused because a political party not involved in the litigation had contributed to their campaign. She also noted, in a jab at her colleagues, that “justices of this court have repeatedly participated in redistricting cases despite receiving substantial support from politically affiliated groups during their campaigns.”