Wisconsin Republicans threaten to impeach Janet Protasiewicz if she doesn’t recuse in gerrymandering case

Wisconsin Republicans, who have supermajorities in the state Assembly and Senate, are threatening to impeach newly elected Supreme Court Justice Janet Protasiewicz if she doesn’t recuse herself from a redistricting case that could overturn gerrymandered maps.

After voters elected Protasiewicz in April, liberals secured a 4-3 liberal majority on the Wisconsin Supreme Court for the first time in fifteen years. Throughout her campaign, Protasiewicz cited the various unpopular policies that the state legislature has been passing as a rallying cry for Democrats and left-leaning voters. These include the suppression of reproductive rights, voting rights and the passage of biased district maps. This strategy was successful in getting elected, as she defeated former Justice Daniel Kelly by 203,431 votes, or 11 percentage points.

However, the Wisconsin Legislature is now using Protasiewicz’s previous comments as a reason she should recuse herself from a redistricting case the court recently took up. The case, Clarke v. Wisconsin Elections Commission, seeks to reverse the Republican-favored gerrymandered maps that has ensure GOP control of the state legislature until 2032. If Protasiewicz does not recuse herself from the case, Wisconsin Republicans are threatening to impeach her, even though she was just sworn in earlier this month.

“If there’s any semblance of honor on the state Supreme Court left, you cannot have a person who runs for the court prejudging a case and being open about it, and then acting on the case as if you’re an impartial observer,” Wisconsin House Speaker Robin Vos (R) said in an interview with a Wausau conservative radio station.

“You cannot have a judge who said, you know, the maps are rigged because she bought into the argument that that’s why we’re winning elections, not the quality of our candidates, and then she sits on that trial acting like she’s gonna listen and hear both sides fairly. That just can’t happen.”

The Wisconsin Legislature does have the authority to impeach “civil officers.” If a majority in the state assembly (currently with 64 Republicans and 35 Democrats) votes to impeach, the state Senate holds a trial. If 2/3 of the Senate (currently 22 Republicans and 11 Democrats) votes in favor of conviction, then the official can be removed from office and disqualified from holding “any office of honor, profit or trust under the state.” Republicans recently secured a 2/3 majority in the Senate after a special election in April.

Should the GOP go the route of impeachment, this would be the first time a Wisconsin judge has faced removal from office since 1853. Gov. Tony Evers (D) would appoint a replacement, likely another liberal justice.