Liberals argued in a legal filing this week that Republicans were trying to nullify the election of a Democratic-backed Wisconsin Supreme Court justice by asking her to recuse herself from hearing redistricting lawsuits that could result in drawing new legislative electoral maps, the Associated Press reports.
Attorneys in two separate redistricting cases filed arguments Tuesday objecting to the Republican-controlled Legislature’s request that Justice Janet Protasiewicz recuse herself. They argued that there was no legal or ethical obligation for Protasiewicz to step aside, despite her comments during the campaign that she thinks the current maps are “rigged” or her acceptance of nearly $10 million from the Wisconsin Democratic Party.
The Republican-controlled Wisconsin Legislature argued in filings last week that Protasiewicz has pre-judged the cases, which could result in new, more Democratic-friendly maps being drawn before the 2024 election. Republican legislative leaders have threatened to impeach her if she hears the cases, a move that they have enough votes to do.
Protasiewicz is part of a 4–3 liberal majority on the court, and her election ended a 15-year run of conservative justices in control. Two redistricting lawsuits were filed in the first week after Protasiewicz joined the court on Aug. 1.
It would take only a simple majority vote in the Assembly to impeach Protasiewicz, and a two-thirds majority vote in the Senate to remove her from office. Republicans have a 65–34 majority in the Assembly and a 22-11 majority in the Senate.
The state Supreme Court has yet to decide whether it will hear the redistricting challenges. It is up to Protasiewicz, and not the entire court, to decide whether to recuse herself or hear the cases.
