MADISON, Wis. — The four candidates vying for the top two spots in the February Supreme Court primary made their case to voters on either side of the political spectrum during a forum Monday.
That included Milwaukee County Judge Janet Protasiewicz, who took the unusual step for a judicial candidate and spoke openly on a contentious issue that could appear before the court.
“The maps are rigged, bottom line,” Protasiewicz said of the state’s legislative districts that were the subject of multiple court challenges last year.
“As I’ve said, I think those maps are rigged, I think they are unfair,” she added. “I don’t think they fairly reflect the population in our state.”
Protasiewicz is one of two liberal candidates running for the seat that is currently held by conservatives. If one of the liberal candidates wins in the April general election, it would flip the balance of the court and could pave the way for liberal decisions on cases involving abortion or legislative redistricting.
Instead of prejudging a case, however, Protasiewicz said her values of fairness are what led her to that conclusion on redistricting. Similarly, Dane County Judge Everett Mitchell, the other liberal in the race, weighed in on his values when asked whether he would consider partisan influence when deciding a case.
“I married a same-sex couple and I pastor the only open and affirming congregation,” he said. “Why? Because I am independent and I cannot be controlled by others’ groups or influences.”
“Politics is poison to the work of the court,” said former Justice Dan Kelly, one of the two conservatives running. “Everyone who comes to the court, regardless of what they might tell you, has political beliefs. The question is whether you can set them aside to do the work of the court.”
Kelly is running as a conservative to return to the bench after he lost his seat in April 2020 to now-Justice Jill Karofsky. He faces fellow conservative Waukesha Judge Jennifer Dorow, who was endorsed Monday by retiring Justice Patience Roggensack.
We spoke with Roggensack shortly after today’s forum. She served with former Justice Dan Kelly on the bench but believes Dorow has better experience.
Dorow and Kelly are the two conservative candidates in the four-way race. pic.twitter.com/4hQsadHfVx
— Will Kenneally (@willkenneally) January 9, 2023
Dorow herself weighed in on the conservative side of the primary. On Saturday, Madison alt-weekly Isthmus published Dorow’s application to Gov. Scott Walker when she first joined the bench in 2011. In the application, she listed Lawrence v. Texas as the U.S. Supreme Court’s worst decision. The 2003 ruling threw out a Texas law against sodomy, which included homosexual acts.
“Sometimes the words or even the statutes themselves are stupid, but stupid doesn’t mean unconstitutional,” Dorow said. “It doesn’t matter to my job whether I like the words or even to agree with the law.”
The top two candidates will emerge from the February primary, regardless of partisan lean, and face each other in the April general election.
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