Janet Protasiewicz impeachment? Democrats launch $4M counteroffensive

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Battle over whether to impeach new Wisconsin Supreme Court justice

Wisconsin Democrats spent more than $9 million to help the Janet Protasiewicz campaign. The state party and outside groups will pump $4 million to defend the new justice from possible impeachment.

The Wisconsin Democratic Party spent more than $9 million to help elect Supreme Court Justice Janet Protasiewicz; five months after her election victory, the state party announces it and outside groups will pump $4 million to defend the new justice from impeachment.

"This is a perilous moment for democracy in Wisconsin," said Democratic Party of Wisconsin Chair Ben Wikler. "At this moment, Robin Vos has publicly put a threat on the table that constitutes walking into a party with his hand on the pin of a hand grenade."

Republican Assembly Speaker Robin Vos has left the door open for possible impeachment.

"I don't know," said Vos on Aug. 29. "We'll have to wait and kind of see what happens."

Legislative Republicans asked her to recuse herself from redistricting cases, which progressives filed with the court as soon as she took office in August. During the campaign, she called the state’s legislative maps "rigged." They currently give Republicans an advantage over Democrats.

Janet Protasiewicz, 60, thanks two fellow Wisconsin State Supreme Court Justices while giving remarks at her swearing in ceremony at the Wisconsin Capitol rotunda in Madison, Wis. on Aug. 1, 2023. (Photo by Sara Stathas for The Washington Post via Ge …

"An entire election potentially overturned, all because Robin Vos and a few of his Republican colleagues fear losing power," said Senate Minority Leader Melissa Agard. "They feel like the sand is crumbling through their hands."

"These are the checks and balances in the American system, so to say that this is somehow undemocratic when it's literally written into the state constitution, this is the mechanism for oversight, if it is necessary," said State Rep. Shae Shortwell (R-Two Rivers). "I'm not saying it's necessary today. I'm not saying it's not necessary."

Wisconsin's Constitution allows the Assembly to impeach for corruption in office, as well as crimes and misdemeanors.

Janet Protasiewicz

Speaker Vos said he’s optimistic Protasiewicz will recuse herself, but if she doesn’t, they’ll investigate what comes next.

"I don’t think we’ll ever have to get to impeachment," said Vos on the Dan O'Donnell Show on AM1130. "My hope is that she’ll follow what is the clear understanding of what the law should be and that is justice is blind, not that it has a wink and nod because they’ve already pre-determined the case."

Judge Janet Protasiewicz onstage during the live taping of "Pod Save America," hosted by WisDems at the Barrymore Theater on March 18, 2023, in Madison, Wisconsin. (Photo by Jeff Schear/Getty Images for WisDems)

Democrats' campaign to defend Justice Protasiewicz will include a TV ad blitz, as well as knocking on doors, and targeting Republicans who serve in districts she won.

"They’re willing to pony up millions of dollars to bully the Republicans to try to back down, but we’re not going to do that," Vos told O'Donnell. "Look, the recusal should happen because when you prejudge a case, there’s no way you can have the public just accept the outcome, if you’ve pre-determined what it is."

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"Every legislator must look in the mirror and ask whether they are willing to erase the votes of over a million Wisconsinites, including their own constituents, and shred our very system of government for their own gain," said Assembly Minority Leader Greta Neubauer.

Shortwell responded that argument is ironic, since Democrats had twice impeached former Republican President Donald Trump.

Protasiewicz’s April victory tilted the court to the progressive side for the first time in 15 years. She won by 11 points in a state accustomed to much closer margins. There are major cases in the possible pipeline, including one in lower state court that challenges the state's abortion ban. Two cases were filed directly to the Wisconsin Supreme Court challenging the state's current legislative maps.

This week it was revealed the Wisconsin Judicial Commission, which weighs complaints against judges, dismissed some challenging Protasiewicz’s comments during the campaign.

The new justice is giving attorneys until Sept. 18 to file briefs responding to the Judicial Commission and whether she should recuse herself from the redistricting cases.