Here is my full column that ran in the Washington County Daily News this week. I’m not optimistic.
Beginning next week, extremist leftists will control two of Wisconsin’s three branches of government when activist Justice Janet Protasiewicz takes her seat on the Wisconsin Supreme Court. The Democratic Party of Wisconsin did not spend $8 million to elect her in the most expensive state Supreme Court race in the history of our nation to not expect dramatic results. Dramatic results we will see.
For the last fifteen years, the state Supreme Court has had a majority of judicial conservatives. This largely meant that they had a restrained view of judicial power and a strong respect for the separation of powers. A look at their most “controversial” rulings, as characterized by leftists, will find that the high court usually ruled to affirm whatever law was as written unless it ran afoul of the constitution. Such was the case in their rulings on Act 10, School Choice, drop boxes, and many other cases brought before them. Judicial conservatives’ refusal to supplant the will of the people, as expressed through their elected representatives, with the latest leftist orthodoxy has been a source of immense frustration for Wisconsin’s leftists.
All of that changes on August first. When Protasiewicz takes her seat, the court will have a majority of judicial liberals – all of which are also ardent political liberals – who have a dramatically different view of the role of the court. In their view, the court is merely an extralegislative body through with they can, and will, enact their political agenda when it proves to be too difficult through the elected legislative process. With the Supreme Court’s accepted role as the final arbiter of law, it is in a powerful position to dictate law when the people get too uppity and refuse to tow the leftist line.
Wisconsin’s leftists know that they will likely not get control of the legislature for some time to come. Their ideas are too unpopular in the majority of Wisconsin’s districts (no matter how they draw them) and turning out the leftist voters in Milwaukee and Dane Counties will never get a Democrat elected in Waupaca. The Democratic governor has already done a masterful job this year in neutering the Republican-led legislature. They intend to use the Supreme Court to make the legislature insignificant in the governing of the state.
The list of issues that leftists will put before the Supreme Court to rule their way is very long. There is already a case pending regarding Wisconsin’s prohibition of abortion. It will likely make its way to the court by the end of the year and Wisconsin’s infanticide industry will reboot.
With Wisconsin being a battleground state for the 2024 presidential election, the National Democrats filed a case last week that will ask Wisconsin Supreme Court to permit ballot drop boxes even though the court correctly ruled them illegal last year. Notice that the Democrats are not attempting to pass a law to allow drop boxes. They are expecting the court to impose their will. The court absolutely will enact the policy goals of the Democratic Party. We can expect the Democrats to push further to loosen Wisconsin’s election laws regarding things like Voter ID, registration requirements, absentee ballot rules, and others in order to maximize the opportunity for people to cheat.
Leftists are also likely to launch an effort to get the court to throw out the current district lines – likely with trumped up accusations of racism – in order to get the court to gerrymander the states political districts in favor of Democrats. They will not be able to create a Democrat majority this way, but they will put their thumb on the scale.
Leftists are also talking about launching cases to have the Supreme Court decide in their favor on massive public policy issues that have been debated in the state for decades. Very soon, expect the Supreme Court to make rulings that gut School Choice, overturn Right to Work, undermine Act 10, and put fangs into the mouth of the DNR. When the majority of the justices on the Supreme Court do not recognize any limits to their power and authority, we can expect them to act accordingly.
Make no mistake. The state and national leftists have been working and planning the takeover of the Supreme Court for years. They are not going to show any restraint in reshaping the state to their ideology irrespective of how much the little people bleat. Wisconsin is going to be a very different state in two years.