news

Who Won The Wisconsin Supreme Court Election

Published: 2025-04-02 02:05:26 5 min read

The 2023 Wisconsin Supreme Court election was more than just a routine judicial contest it was a high-stakes political showdown with national implications.

With the court’s ideological balance hanging in the balance, the race between liberal Janet Protasiewicz and conservative Daniel Kelly became a proxy war over abortion rights, gerrymandering, and election integrity in a state notorious for razor-thin margins.

Wisconsin’s Supreme Court, often the final arbiter on contentious state laws, has been deeply polarized, making this election a critical turning point.

While Janet Protasiewicz’s victory was declared by election officials and mainstream media, the true “winner” of the Wisconsin Supreme Court election remains contested when examining the influence of dark money, allegations of judicial impartiality, and the broader implications for democracy in a battleground state.

Protasiewicz won by an 11-point margin (55%-45%), a landslide by Wisconsin standards, flipping the court to a 4-3 liberal majority for the first time in 15 years.

Exit polls showed abortion rights as the decisive issue, with Protasiewicz’s campaign heavily emphasizing her pro-choice stance a direct appeal to Wisconsin voters after the U.

S.

Supreme Court overturned.

Her victory was bolstered by record-breaking fundraising ($42 million, dwarfing previous judicial races) and heavy Democratic mobilization.

However, the election’s legitimacy was immediately challenged by conservatives.

Former Justice Daniel Kelly claimed Protasiewicz’s campaign crossed ethical lines by pre-judging cases, particularly on redistricting, violating judicial impartiality norms.

Wisconsin’s judicial ethics code prohibits candidates from making “pledges or promises” on rulings, yet Protasiewicz openly criticized the state’s GOP-drawn maps as “rigged” a statement critics argue prejudiced future cases.

Both candidates were buoyed by unprecedented outside spending.

Wisconsin Supreme Court election - BrodiePortia

The liberal group spent over $9 million attacking Kelly, while conservative entities like (funded by shipping magnate Richard Uihlein) poured millions into anti-Protasiewicz ads.

This flood of dark money raises concerns about whether justice is for sale a trend documented by research showing judicial elections increasingly mirror partisan political campaigns.

Protasiewicz’s win reflects voter backlash against GOP extremism, particularly on abortion.

Scholars like (UW-Madison) argue the election was a democratic triumph, with high turnout (27% of eligible voters, a record for a Wisconsin spring election) signaling robust civic engagement.

Critics, including the editorial board, contend Protasiewicz’s campaign weaponized judicial ethics, rendering her unfit to rule fairly on cases she prejudged.

They point to her ties to the Democratic Party (she previously served as a Milwaukee County judge with strong party backing) as evidence of politicization.

Legal analysts like (UCLA Law) warn that Wisconsin’s election exemplifies the erosion of judicial independence, where justices are seen as “politicians in robes.

” The has long cautioned against partisan judicial elections, yet Wisconsin’s system remains entrenched.

The Wisconsin race underscores a national crisis: courts becoming extensions of partisan agendas.

With Protasiewicz now poised to rule on abortion access, gerrymandering, and even the 2024 election results, her victory could reshape Wisconsin’s legal landscape but at what cost to judicial credibility? While Protasiewicz secured the seat, the Wisconsin Supreme Court election exposed deeper fissures: a justice system drowning in dark money, ethical gray zones, and eroding public trust.

The real “winner” may be neither liberals nor conservatives, but the entrenched forces turning courts into political battlegrounds.

If judicial elections continue down this path, the very legitimacy of state courts and democracy itself hangs in the balance.

- Brennan Center for Justice, (2023) - Barry Burden, (2023) - Rick Hasen, (UCLA) -, Wisconsin’s Judicial Ethics Problem (April 2023) - American Bar Association, (2022) (Word count: ~4,800 characters).