Republicans in the Wisconsin state assembly hold enough votes to impeach Justice Protasiewicz, and in the State Senate, they have a two-thirds majority to potentially remove her. However, Republicans do not plan to convict and remove Protasiewicz because it would allow Governor Evers to appoint another liberal jurist. If the Republican-led State Senate chooses not to act on impeachment, Protasiewicz would be suspended but not removed, resulting in a 3-3 deadlock in the court. This deadlock would likely preserve the Republican gerrymander and the 19th-century abortion law banning the procedure.
Wisconsin Republicans aim to establish an unbreakable hold on state government. With their gerrymander in place, they enjoy supermajorities in both chambers of the State Legislature, granting them significant power. These majorities enable them to limit the influence and authority of any Democrat elected to statewide office and remove or neutralize any justice who opposes their gerrymander.
The Wisconsin Republican Party’s blatant disregard for the will of the people is astonishing. Despite Wisconsin voters opting for a more liberal State Legislature, State Supreme Court, and governor since 2018, the Republican Party refuses to respect their choice. This makes them the most openly authoritarian party in the country.
While nothing is set in stone, there is a possibility that Wisconsin Republicans may exercise restraint and refrain from taking this radical step against self-government. In the event they proceed, Justice Protasiewicz could potentially sue, claiming a violation of her First Amendment right to free speech. After all, the Republican case against her is based on her criticism of their gerrymander during her campaign, deeming her “biased.” Moreover, this scheme could backfire, leading to a new election if Protasiewicz chooses to resign following impeachment. Wisconsin Republicans may then face an angry and politically active electorate, particularly during a presidential year.
Regardless of the outcome of this specific incident, it highlights a broader issue in American politics. In the absence of national regulation and with a federal Supreme Court that is largely indifferent towards voting rights issues, states can easily become breeding grounds for autocracy instead of democracy. Without federal intervention to enforce a “republican form of government,” as mandated by the Constitution, voters are left with no choice but to seek better governance elsewhere.
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