The Sconi

According to Wisconsin statutes, it is the responsibility of a Wisconsin Supreme Court Justice to remain impartial and adhere to the law as defined by the Wisconsin Constitution, not play politics. When it comes to redistricting, Judge Janet Protasiewicz has revealed through several interviews and her debate with Former Justice Dan Kelly that this is an issue in which she has already made up her mind.

During her debate with Dan Kelly, Protasiewicz was asked how she could fairly hear a case on redistricting given that the Democratic party of Wisconsin has given her $2.5 million. She responded by stating she would recuse herself from any case brought by the Democratic party. However, Fox 6 reported that these challenges are expected to come from others and not directly from the party.

"Well there you have it, she's just told you how she'll resolve the case," Kelly said at the debate. "See, this is the problem you have when you have a candidate who does nothing but talk about her personal politics. She's already told each and every one of you how she will approach this and although she says the formulaic words that she will follow the law, she's never said one thing in this campaign that would lead to any reasonable belief that that's what she would do." 

Protasiewicz stated during the debate that she agreed with the liberal dissenting justices in a case that challenged Wisconsin's congressional district maps.

PBS News reports that Protasiewicz stated, "yes, those maps are rigged,” and strongly believes that redistricting that occurred in 2011 and upheld in 2021 was unfairly drawn in favor of Republicans.

In 2021, the Wisconsin Supreme Court adopted the "least change" methodology which sought to keep new district boundaries as close to existing boundaries as possible, according to PBS.

Dan Kelly, who was not on the bench when the 2021 decision was made, claims that the "least change" methodology was not political in nature. "The phrase least change is meant to encompass the idea that we take the maps as they are written, look for legal errors and fix the legal errors."

Kelly said he believes the issue of redistricting is political in nature, with policymaking being a power not granted to the Wisconsin Supreme Court and something they should avoid. "The members of this court have not been entrusted with making political decisions, only legal decisions," he said.

On the other hand, Protasiewicz has been open about her personal political views and has brought political issues to the forefront of the race for the open seat on the court.

"Coupled with the trend of extreme gerrymandering, voter suppression laws, Wisconsin’s 173-year-old abortion ban & the potential for the Supreme Court to undermine the Voting Rights Act, the conservative takeover of the WI Supreme Court poses a serious threat to our democracy," Protasiewicz wrote in a March 7 Twitter post.

The state Supreme Court left the door open for reconsideration of gerrymandering claims in 2021, so there is a distinct possibility that redistricting could be on the docket in the next term with either Kelly or Protasiewicz on the bench, according to Wisconsin Public Radio.