Wisconsin Republicans are considering impeaching a newly elected state Supreme Court justice before she even hears a single case, which could have reverberations for control of Congress and the swing state's 10 Electoral College votes.
on controversial issues that could be subjects of future litigation.
“One conservative justice frequently spoke out in favor of gun rights during her campaign. ... Another had previously called Planned Parenthood, a frequent litigant in abortion cases, a ‘wicked organization,’” the Associated Press reported. “Both conservatives and liberals have weighed in on topics that could come before the court, sometimes in strikingly strong language.”against Protasiewicz that alleged she violated the judicial code of ethics with her comments on the maps.
But under the state constitution, “no judicial officer shall exercise [her] office, after [s]he shall have been impeached, until [her] acquittal,” and no one is appointed to replace her until her trial is complete. So if Protasiewicz is impeached but the state Senate never holds her trial, it would create an indefinite vacancy on the court. With the court split 3-3, it could effectively freeze on partisan issues.
The Wisconsin Constitution calls for impeachment for"corrupt conduct in office, or for crimes and misdemeanors." Only one state official has previously been impeached, in 1854, for accepting bribes. According to , there is no record in American history of a judge being impeached for failing to recuse herself due to campaign statements.in federal court, but that such a process would take years to play out.
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