The Wisconsin Supreme Court, in a 4–3 vote along partisan lines Friday, agreed to hear a challenge to Republican-drawn legislative maps after newly elected liberal Justice Janet Protasiewicz declined to recuse herself, the Associated Press reports. Her 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 Protasiewicz doesn’t step down.
Two lawsuits challenging the latest maps were filed in the first week after Protasiewicz joined the Supreme Court on Aug. 1 and ended a 15-year 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.
The court agreed to hear arguments that the current districts are not contiguous and that they violate the Wisconsin Constitution’s separation of powers doctrine. It asked both sides what remedy it should impose if it determines the current maps are unconstitutional.
Republicans argue Protasiewicz has pre-judged the case, which could result in new, more Democrat-friendly maps being drawn before the 2024 election. 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.
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.
