Democrats seek to capitalize on new liberal majority on state's high court, conservatives warn swift action could backfire

 

MADISON, Wis. (CBS 58) -- Years of conservative victories could be overturned as liberals hope to capitalize on the state Supreme Court shifting to a liberal majority this week, but how aggressive the court may be on high-profile cases could play a key role in future elections.

On Tuesday, incoming Justice Janet Protasiewicz will take the oath of office to mark a significant shift on the court which will flip from a majority conservative to liberal control for the first time in 15 years.

Liberals hope that means putting an end to the state's 1849 near-total abortion ban and Republican drawn congressional and legislative maps, known as redistricting. Protasiewicz was widely outspoken on the campaign trail on both issues that are almost certain to reach the high court.

Rick Esenberg, president of the conservative law firm the Wisconsin Institute for Law & Liberty, said they're preparing for the inevitable with abortion laws and redistricting anticipated to come before the court.

And, whether the court moves quickly on hot-button issues, Esenberg believes it could backfire on liberals in 2025 when conservatives have another shot of taking back control of the state Supreme Court.

"I think there are a lot of left leaning lawyers out there who think everything is up for grabs," Esenberg said. "It can be a mistake to go too far too fast…and if there's a perspective that's happening, it's quite possible there could be political backlash."

Liberals are also discussing challenges to voter ID laws, absentee ballot drop boxes and possibly Act 10, which stripped collective bargaining rights for most public workers, all issues touted and backed by Republicans.

Melissa Baldauf, a Democratic strategist and former aide to Gov. Tony Evers, believes the court will take a thoughtful and measured approach instead of a full-throated effort to undo conservative gains.

"They don't want to see an activist court where one party can run straight to the state Supreme Court bypassing the processes by trying to ram through a decision on these really important issues," Baldauf said.

If justices do revisit election laws or Act 10, UW La Crosse Political Science Associate Professor Anthony Chergosky said those cases could take years to reach the court.

"Sometimes the court can deal with these issues pretty quickly, but other things take quite a while to make their way through the judicial system and I think that's what people need to be aware of," said Chergosky.

Timing is also of the essence because in less than two years, liberal Justice Ann Walsh Bradley's term will expire. That sets up another likely hotly contested and expensive state Supreme Court election in 2025.

"That election is a complete mystery at this point," Chergosky said. "It could go either way."