MADISON, Wis. — Justice Janet Protasiewicz took her oath of office Tuesday evening, shifting the Wisconsin Supreme Court from a majority conservative court to a majority liberal one.
The ideological shift to a 4-3 advantage in favor of liberals, at least for the next two years, is the first since 2008 and will include the 2024 presidential election. That margin could prove critical in a major election year as conservatives were one vote short of overturning President Joe Biden’s 2020 victory in Wisconsin.
While the race was technically nonpartisan, Protasiewicz, a Milwaukee Co. Circuit Court judge, defeated her conservative opponent Daniel Kelly, a former justice on the high court, by double digits for a 10-year term. Kelly also ran unsuccessfully against now-Justice Jill Karofsky in 2020, who was also backed by liberal groups.
During her April victory speech, Protasiewicz called for putting aside partisanship and extremism and vowed to rule based on the law and not a political agenda. Her investiture address took a similar tone Tuesday night.
“We all want a Wisconsin where our freedoms are protected,” Protasiewicz told the crowd gathered in the rotunda of the Capitol. “We all want a Wisconsin with a fair and impartial Supreme Court. We all want to live in a Wisconsin with safe communities. And we all want a Wisconsin where everyone is afforded equal justice under the law.”
Promises made on the campaign trail will be tested as two highly political issues are expected to make their way to the high court: Abortion rights and legislative maps. Both were topics that Protasiewicz was outspoken about during her run for the seat. However, the newly sworn-in justice, again, tried to put politics aside during her remarks.
“The Wisconsin Supreme Court’s execution of our duties without favor to special interests, political pressure, or our own personal beliefs, is vital to giving the people of our state trust and confidence in our judicial system,” Protasiewicz said.
Protasiewicz had picked up endorsements from Planned Parenthood and other abortion rights groups during the campaign, while her opponent was backed by anti-abortion groups. Though the support raised questions and criticism from conservatives, Protasiewicz proudly touted the backing and double-downed on the importance of voters knowing the candidates’ values.
“As I think of the challenges and responsibilities ahead, I’m reminded of our state motto: 'Forward.' It’s not only a motto, but a value that is ingrained in this state that calls on all of us to work together, to make our state stronger, and to ensure justice and fairness for all,” Protasiewicz stated. “I know we can move forward and I hope to make Wisconsin proud as a member of this court.”
With such high stakes, it comes as no surprise record-breaking resources from both political parties were poured into the election for the Supreme Court seat. By some estimates, the money spent tripled a previous record of $15 million invested into the 2004 Illinois State Supreme Court race.
Though Democrats and Republicans alike spent heavily, it was Protasiewicz who had outraised her opponent by 5-to-1 and received a boost of almost $9 million in total from the Democratic Party of Wisconsin. In the end, Protasiewicz had a nearly $6 million advantage on Election Day and had spent about $23 million compared to the $17 million put into the race by Kelly and his backers.
Protasiewicz will fill the seat of retiring conservative Justice Patience Roggensack, who was first elected to the court in 2003.