We're facing a democracy emergency and we need EVERYONE to take action to protect it.

As you know, the MAGA crowd that dominates our legislature is planning to overturn the April 4 election for Wisconsin Supreme Court that we held just five months ago. Judge Janet Protasiewicz was elected by a landslide. But Speaker Robin Vos threatens to impeach her — before she has heard a single case — if she does not recuse herself from two redistricting cases (Clarke v Wisconsin Election Commission and Wright v Wisconsin Election Commission). Both cases were filed with the Supreme Court of Wisconsin (SCOWIS) in early August and are now waiting for SCOWIS to decide whether to hear them.

Here's what the Legislative Council says about the grounds to impeach a civil officer of the state: "The Assembly may impeach an elected official by a majority vote based on specific reasons: corrupt conduct in office or for the commission of a crime or misdemeanor" ( Wisconsin Legislative Council, IM-2014-03). Has Justice Protasiewicz committed a crime or misdemeanor? No. In the five or so weeks that she has been a member of the court, has she engaged in corrupt conduct? No. So what the Assembly threatens to do, frankly, is just a display of raw power, an attempt to lock in their control of the legislature and deny the ability of Wisconsin's voters to choose their leaders.

Here's what impeachment will mean. If she is impeached — which requires a vote of 50% in the Assembly — she will be suspended from the court until the Wisconsin Senate acquits her. The GOP holds 65% of the assembly seats, way more than necessary to vote for impeachment. In the Senate, at least two-thirds of the senators would need to vote to convict her. But here too the GOP has enough members to meet that threshold. A conviction would remove her from her seat on the court at which point Governor Evers could appoint someone to fill the vacancy. However, if the Senate delays holding the trial, she would remain on the court while suspended from all Supreme Court duties. While she is suspended, the court will be deadlocked with three liberal members and three right-wing ones. As Philip Bump wryly noted in the Washington Post on September 6, Wisconsin’s gerrymandering rides to the rescue of its gerrymandering.

The Democratic Party of Wisconsin is mounting a vigorous campaign to persuade assembly representatives to announce opposition to the impeachment and state senators to announce their intention to vote to acquit her should the senate hold a timely trial. And that's where you come in.

This Saturday, September 16, from noon to 3:00pm, canvassing will take place in and around Whitefish Bay (targeting Senator Dan Knodl and Assembly Representative Paul Melotik) and in Wauwatosa (targeting Senator Rob Hutton). Please join one of these canvasses. The goal is to talk directly to voters and to urge them to contact their representative and senator to voice their opposition to impeachment and removal. In addition to canvassing, please call and/or email and/or send mail to both your assembly representative and your state senator. Even if they're Democrats! If you don't know who represents you, you can look up the information and find the contact information for them at legis.wisconsin.gov. The Democratic Party of Wisconsin has set up a system that will simplify calling and will offer some instructions on what to say. The website Defend Justice displays each representative and senator's public position on the issue. The site also includes a section on the news, a utility for finding your representative and senator, a petition you should sign, and of course a link to donate.

The MAGAites have concocted their insistence that Protasiewicz recuse herself on the already debunked notion that her view of the current election maps shows that she has prejudged the case and that the money the Democratic Party gave her campaign somehow taints her judgment on the law and the facts of the election map cases. The first complaint about comments Protasiewicz made during the campaign have been litigated in the past. Because she did not announce how she would rule, what she said as her opinion on the matter falls under the category of free speech. Here's the crux: in line with Justice Antonin Scalia's opinion in a case at the US Supreme Court, "judges are entitled to express views on disputed legal issues, whether on the campaign trail or elsewhere, and that this does not preclude them from impartially deciding cases" (Explainer: Judicial Judicial Recusal in Wisconsin and Beyond, Senior Staff Attorney Derek Clinger and Faculty Co-Director Robert Yablon for the State of Democracy Research Institute).

The campaign contribution excuse doesn't hold water either. In a table of the Explainer, Clinger and Yablon demonstrate that Justice Rebecca Bradley's campaign in 2016 took $2.6 million from the Wisconsin Alliance for Reform. The contribution amounted to 46.2% of her total campaign funds. The $9.9 million the Democratic Party contributed to the Protasiewicz campaign accounted for only 19.4% of her funds. Clinger and Yablon note that "members of the court — both conservative and liberal — have likewise been backed by large campaign funders and then participated in cases in which those funders have an interest."

The Explainer goes to great depths, as if it were a brief in a case, citing both federal and state rulings and examples of recusal rules. They examine what judges and justices have done in recusal matters in the last decade. The bottom line is that the Wisconsin Supreme Court declined to "adopt a rule requiring judges and justices to recuse from matters involving individuals and entities who financially supported their campaigns. Rather than a rule requiring recusal, Justice Rebecca Bradley stated that the optimal remedy when a judge fails to act with impartiality and integrity is for Wisconsinites to vote them out when they stand for election next." So some elections have consequences, just not this one? Ridiculous!

Watch Rachel Maddow and party chair Ben Wikler discuss the MAGA Republicans' hubris. Wikler announces the campaign to urge voters, who after all elected Protasiewicz by 11 points, to contact the legislature to voice their displeasure. He believes that the effort is already bearing some fruit.

But girding your loins to fight back against impeachment threats isn't the only thing we foot soldiers need to be addressing. Next up on what to do while we're gathering our strength for the 2024 elections: Volunteer for National Voter Registration Day on Tuesday, September 19. As I mentioned in last week's newsletter, both Supermarket Legends and the League of Women Voters will be holding voter registration events.

Supermarket Legends is holding an event at four locations at the University of Wisconsin-Milwaukee. In 2022, voter turnout among young citizens in Wisconsin was outstanding: the best of any state in the country! But we really need to do it again. Meeting with students in their dorms, their union, and their library can reach students who may have been too young to vote in 2020 and 2022 but are now 18+. Getting them registered to vote is the first major step to engaging them for next year's elections. The registration drive will take place in two dorms — Sandburg and Cambridge Commons — as well as the student union and the library. Contact Sue Schneidler (Supermarket Legends) or Norma Gilson (Grassroots North Shore). If you have a preference for a morning shift or an afternoon shift, include that information in your email.

Working with the League of Women Voters on their voter registration activities is another great way to get involved. In conjunction with the City of Milwaukee Election Commission and Vote Riders, the League will have a Mini Carnival and Mock Election. The City of Milwaukee Election Commission will provide voting machines for the mock election. The League of Women Voters of Milwaukee County (LWVMC). Milwaukee Public Libraries will have voting trivia questions, swag to give away, and refreshments of attendees. The LWVMC is seeking volunteers for the events at Good Hope Road Library and Mitchell Street Library from 3:30 to 6:30pm. Sign up to volunteer.

The September 10 rally and march to support common sense gun safety legislation — sponsored by Grassroots North Shore, Moms Demand Action, WAVE, and the Brady Center — was terrific. At least two major television news outlets filmed the speeches and talked to participants. At the march on North Avenue, lots of drivers announced their support by honking. And people at the rally filled out more than 150 postcards to send to their legislators in support of several bills that have been proposed. Activity around this issue will continue over the next weeks. I'll have more information for you in the next newsletter. So watch this space.

EVENTS

Thursday, September 14

Friday, September 15

Saturday, September 16

Monday, September 18

Tuesday, September 19

Wednesday, September 20

Thursday, September 21

Saturday, September 23

SAVE THE DATE

Saturday, September 30

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