Conservative Justice Rebecca Bradley is ripping the new liberal-controlled state Supreme Court for considering two suits that seek to reverse legislative maps put in place by the conservative court last year, writing it “showcases that justice is now for sale in Wisconsin.”
In particular, she took aim at new liberal Justice Janet Protasiewicz, who said repeatedly during her campaign this spring the current legislative maps are “rigged” in favor of Republicans.
The court on Tuesday issued orders for the Wisconsin Elections Commission to respond by next Tuesday to two petitions for original action. Both seek to overturn the current maps on different grounds and have new lines in place for the 2024 elections.
The court also set a similar deadline for any other parties interested in weighing in on whether the justices should accept the suits without making them go through the lower courts first.
Bradley dissented on both orders, arguing the cases should be rejected and adding they’re only before the court due to a change in membership. Last spring, a 4-3 conservative majority put in place legislative lines drawn by GOP lawmakers.
Bradley charged her four liberal colleagues have “predetermined” the court will hear both cases and will eventually adopt new maps “to shift power away from Republicans and bestow an electoral advantage for Democrat candidates, fulfilling one of Protasiewicz’s many promises to the principal funder of her campaign.”
She noted Protasiewicz has not recused herself after accepting nearly $10 million from the state Dem Party during the spring campaign through a combination of direct transfers and in-kind donations.
Bradley wrote the court previously adopted a recusal standard the U.S. Supreme Court set in the Caperton decision involving a judge who had received $3 million in campaign contributions from the chairman and principal officer of a party.
The state Dem Party currently isn’t a party to the suits.
“Entertaining these claims makes a mockery of our justice system, degrades this court as an institution, and showcases that justice is now for sale in Wisconsin,” Bradley wrote.
No one else joined Bradley in her dissent, and the court’s liberal members didn’t respond to her remarks in the order. Justice Brian Hagedorn, who was elected as a conservative but has joined liberals on some high-profile cases, concurred with the orders to hear arguments on whether the cases should be accepted.
“Our standard approach when receiving a petition for original action is to allow the parties an opportunity to be heard,” Hagedorn wrote. “Doing so here should give us a fuller picture of the issues in this case and from there we can determine how best to proceed.”
See the orders:
https://acefiling.wicourts.gov/document/eFiled/2023AP001399/692192
https://acefiling.wicourts.gov/document/eFiled/2023AP001412/692191
