Wisconsin Supreme Court Candidates Accuse Each Other Of Lying, Extremism In Sole Debate

By Henry Redman, Wisconsin Examiner

March 21, 2023

In the only debate of an increasingly expensive and heated campaign between Milwaukee County Judge Janet Protasiewicz and former Supreme Court Justice Dan Kelly for an open seat on the Wisconsin Supreme Court, the two candidates exchanged attacks over their impartiality, legal histories and political allegiances.

The debate, hosted Tuesday afternoon by the Wisconsin State Bar, included both candidates making several accusations that the other is a liar.

The race for the seat, set to become vacant following the retirement of conservative Justice Patience Roggensack, will determine the ideological sway of the seven-member court. The first time the court’s lean has been up for grabs in more than a decade, the race has blown away national fundraising records for judicial campaigns.

Kelly served on the court for four years from 2016 to 2020 after being appointed to an open seat by former Republican Gov. Scott Walker. He lost reelection to liberal Justice Jill Karofsky by a 10-point margin. On Tuesday, Kelly’s attacks on Protasiewicz grew increasingly pointed as he argued — as he has throughout the race — that she would bring her political views to the bench. Several times, Kelly said Protasiewicz was a liar or slandering him.

“Again, this is you being quick to lie,” Kelly said in response to Protasiewicz saying the support he’s received from outside political organizations signals which political side his decisions will benefit.

“This has been apparent in all your ads against me. It’s been apparent every time you speak about me. It’s just full of deceit.” Protasiewicz, on the other hand, regularly argued that Kelly’s history of working for the Republican party and its related interest groups should signal how he will rule — even though throughout the campaign he’s said he will only decide based on the rule of law.

“I am running against probably one of the most extreme partisan characters in the history of the state,” Protasiewicz said. “This is somebody who advised the Republican Party on the fake electors. This is somebody who was running his former office out of the Republican Party headquarters. This is somebody who’s given legal advice to the Republican Party over and over and over.”

The race for the open seat has taken on an increased importance because the court is likely to play a major role in coming years as the arbiter between the divided government in Wisconsin’s executive and legislative branches. The winner of the race will likely be the swing vote in cases over abortion access, the state’s legislative maps and voting rights. Throughout the campaign, Protasiewicz has repeatedly shared what her “personal values” are over abortion rights, saying she believes women should have the right to choose to get an abortion. Kelly has often pointed to these statements as evidence she is pre-judging a case.

A lawsuit against Wisconsin’s 1849 outlawing abortion is currently pending in the courts and the winner is likely to play an important role in its outcome.

“I would say that I have been very clear about my values to the electorate because I think the electorate deserves to know what the person’s values are rather than hiding,” Protasiewicz said. “I’ve also been very clear that any decision that I render will be made based solely on the law and the Constitution. I have told everyone I am making no promises to you. But I can tell you that if my opponent is elected, I can tell you with 100% certainty, that 1849 abortion ban will stay on the books.”

Protasiewicz, who has received endorsements from Planned Parenthood and Emily’s List, organizations that favor abortion rights, pointed to Kelly’s endorsements from anti-abortion groups such as Wisconsin Right to Life as evidence he’s also signaled his views on the issue. Wisconsin Right to Life, which is working to strengthen Wisconsin’s abortion ban, states on its political endorsement web page that candidates pledge to support their values to receive their endorsement.

“The Wisconsin Right to Life Political Action Committee endorses candidates who have pledged to champion pro-life values and stand with Wisconsin Right to Life’s legislative strategy,” the page states. “In judicial elections, the Wisconsin Right to Life Political Action Committee endorses candidates whose judicial philosophies and values fit with those of Wisconsin Right to Life.”

Kelly said Protasiewicz was lying when she said his endorsements show he has made pledges on the issue.

“That’s absolutely not true, once again,” Kellys said. “So this seems to be a pattern for you, Janet, is telling lies about me. So you don’t know what I”m thinking about that abortion ban. You have no idea, these things you do not know. What I know is this: the endorsements I’ve received are entirely because of conversations that I have with individuals or organizations in which they asked me what kind of a justice will you be and I explained to them at length the role of a jurist instead of talking about politics, which is all you do.”

The Supreme Court election is set for April 4, early voting has already begun. Voters can check with their local clerk’s offices for hours and locations.

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