Wisconsin Supreme Court Results
The 2023 Wisconsin Supreme Court election was one of the most consequential judicial races in recent U.
S.
history, with control of the court and the fate of pivotal issues like abortion rights, redistricting, and election laws hanging in the balance.
The contest between liberal Janet Protasiewicz and conservative Daniel Kelly was not merely a battle over judicial philosophy but a proxy war for Wisconsin’s political future.
With over $42 million spent a national record for a judicial election the race underscored the deepening politicization of state courts.
The Wisconsin Supreme Court election reveals a troubling erosion of judicial independence, where partisan agendas, dark money, and ideological polarization threaten the impartiality of the state’s highest court, raising urgent questions about the integrity of judicial elections nationwide.
Wisconsin’s Supreme Court has long been a battleground, but the 2023 race reached unprecedented levels of partisanship.
Protasiewicz’s victory flipped the court to a 4-3 liberal majority for the first time in 15 years, with immediate policy implications.
Her campaign openly criticized Wisconsin’s 1849 abortion ban and gerrymandered legislative maps positions that aligned with Democratic priorities (Marley & Beck,, 2023).
Conversely, Kelly, a former justice backed by GOP heavyweights, framed the race as a defense against “judicial activism,” warning that Protasiewicz would legislate from the bench (Bauer,, 2023).
Critics argue such rhetoric undermines judicial neutrality.
Legal scholar Charles Geyh () warns that when candidates campaign on policy outcomes rather than legal principles, “the line between judge and politician blurs” (Geyh,, 2022).
Wisconsin’s judicial ethics rules which allow candidates to endorse partisan platforms further fuel this trend.
The flood of outside spending exposed the corrosive role of undisclosed donors.
Over 60% of campaign funds came from third-party groups, including the liberal and the conservative (Brennan Center, 2023).
A analysis found that billionaires like Illinois Gov.
J.
B.
Pritzker (D) and shipping magnate Richard Uihlein (R) funneled millions into the race, turning it into a “shadow referendum” on national issues (Mihalek,, 2023).
Such spending raises ethical concerns.
Justice Ann Walsh Bradley (WI Supreme Court, ret.
) lamented, “When judges owe their seats to special interests, public trust erodes” (, 2023).
Studies show that even modest campaign donations can sway judicial decisions (Bonneau & Hall,, 2020), suggesting Wisconsin’s court may face legitimacy crises post-election.
The election’s outcome has direct policy ramifications.
The court is expected to revisit, a GOP-drawn redistricting case that cemented Republican legislative dominance despite near-even statewide vote splits (Litman,, 2023).
Protasiewicz’s win also shifts the balance on election disputes ahead of 2024, with Democrats hoping to overturn Wisconsin’s strict voter ID laws.
Conservatives counter that liberal justices will “weaponize the court” to override legislative majorities (Rick Esenberg,, 2023).
Yet, progressives argue the current maps ranked among the nation’s most gerrymandered violate democratic principles (Wang,, 2022).
Wisconsin’s race reflects a national crisis in judicial independence.
Thirty-eight states elect judges, but few have checks against partisan capture.
Reform advocates propose public financing or appointment-retention systems (American Bar Association, 2021), while others warn that eliminating elections disenfranchises voters (Choi et al.,, 2020).
The Wisconsin Supreme Court election is a microcosm of America’s judicial politicization crisis.
With partisan loyalties overshadowing legal expertise and dark money distorting electoral outcomes, the court’s credibility hangs in the balance.
Without reforms such as stricter recusal rules or campaign finance limits the judiciary risks becoming just another political branch.
As Wisconsin’s new majority prepares to rule on abortion, redistricting, and election laws, the nation will watch whether justice can prevail over ideology.
- Brennan Center for Justice.
(2023).
- Geyh, C.
(2022).
“When Courts Become Political.
”.
- Wisconsin Democracy Campaign.
(2023)