Liberal Majority in Wisconsin Supreme Court Makes Sweeping Changes to Court Operations

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Wisconsin Supreme Court Faces Deep Divisions as Liberals Gain Majority Control

MADISON, Wis. – The Wisconsin Supreme Court has become a battleground as liberal justices, who recently gained majority control, voted to diminish the powers of the conservative chief justice and implement several other operational changes. Chief Justice Annette Ziegler condemned these moves as an overreach by “rogue justices,” accusing her liberal colleagues of exercising excessive power. In response, liberal Justice Rebecca Dallet defended their actions, stating that the changes were aimed at making the court more accessible and accountable to the people of Wisconsin.

These public conflicts on the court foreshadow the potential for significant divisions in the state, particularly on crucial cases involving abortion, voting rules, and legislative boundary lines. Conservatives had held control of the court for the past 15 years, but now liberals will hold the majority for at least the next two years.

Under conservative control, the court made several key decisions, including upholding Republican-drawn legislative maps in 2011, affirming a state law that curtailed collective bargaining for public workers, and declaring absentee ballot drop boxes illegal.

However, the court has a history of partisan divisions. In 2011, tensions reached a peak during a case on collective bargaining rights when a liberal justice accused a conservative colleague of attempting to choke her.

In their recent vote, liberal justices made various changes to the court’s operations, such as reducing the powers of the chief justice, opening administrative meetings to the public, and establishing a committee to examine when justices should recuse themselves from cases. Conservative justices had closed the court’s administrative conferences to the public in 2012, after they had been open since 1999.

Chief Justice Ziegler criticized four of her colleagues as “rogue members of the court” for holding a closed meeting to undermine her constitutional authority as the court’s administrator. She labeled any such actions as “illegitimate and unenforceable.” Justice Dallet countered by accusing Ziegler of publicly litigating matters that should be discussed privately, deeming it “deeply inappropriate.” Dallet also noted that all justices were informed of the meeting but some did not attend.

The disputes escalated when the liberal justices voted to fire State Court Director Randy Koschnick, sparking opposition from Republican legislative leaders. They argued that the appointment of a Milwaukee County judge, Audrey Skwierawski, as interim court director was unconstitutional based on the state constitution’s restrictions on holding multiple offices. As the final stop for a potential lawsuit on this matter, the state Supreme Court, controlled by the justices who fired Koschnick, could determine the outcome.

Several critical cases are expected to come before the court, including those on redistricting, abortion rights, voting rules for the 2024 election, the power of the chief justice, union rights, veto power of the governor, and the school choice program. Given the court’s 4-3 liberal majority, it is likely that these controversies will further deepen divisions within the state.

The outcomes of these cases hold significant implications not only for Wisconsin but also for the broader national landscape, ultimately shaping the future of political and legal battles in the state.

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