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Candidates clash in debate for high-stakes Wisconsin Supreme Court seat

Wisconsin Supreme Court Candidate Debate
Posted at 8:34 PM, Mar 21, 2023
and last updated 2023-03-26 13:58:27-04

MADISON (NBC 26) — The two candidates in Wisconsin’s Supreme Court race took to the debate stage Tuesday afternoon in what’s shaping up to be a high-stakes race.

Janet Protasiewicz, backed by democrats, and Dan Kelly, supported by GOP-affiliated groups, are competing for a seat that could be a deciding vote in cases pertaining to abortion, voting rights, and redistricting.

Protasiewicz has endorsements from abortion rights groups like Planned Parenthood and Kelly has endorsements from anti-abortion groups like Wisconsin Right to Life. The justice elected may hear a challenge to Wisconsin’s 1849 abortion ban.

Protasiewicz said she wants voters to be aware of her personal values.

“My personal opinion is that it should be the woman's right to make a reproductive health decision, period,” Protasiewicz said.

But she said she has not made decisions about specific rulings yet.

“I've also been very clear that any decision that I render will be made based solely on the law and the Constitution,” Protasiewicz said. “I have told everyone I have made no promises.”

Kelly said he also did not make any promises when endorsed by Wisconsin Right to Life.

“I'm not a legislator,” Kelly said. “I don't talk about my politics. I understand what the court's role is, and that's resolving legal questions. So those endorsements have nothing to do with the pledges required of those who run for political conversations.”

This election is garnering national attention and breaking records for campaign spending in a state Supreme Court race—with over $30 million dollars in spending so far according to Wispolitics.com

Candidates were asked whether they would recuse themselves from cases involving groups that donated to their campaigns, or that donated to their competitors’ campaigns.

Protasiewicz emphasized her belief in justices recusing themselves when possible conflicts of interest arise.

“I'm also well aware of the amount of money that the Democratic Party has contributed to my campaign, and I have indicated and pledged that I will recuse myself from any case in which the Democratic party is a party to the case,” Protasiewicz said.

Kelly said he does “not resent all organizations” donating against his campaign.

“I think one of the most important responses to it is to help gain an understanding of the court’s job that insulates it from the effects of anyone's outside interests,” Kelly said. “And so as I've described time after time, it involves understanding that everyone has political beliefs, but you need to set those aside.”

The justices may rule on a potential challenge to the state’s legislative maps.

“We know that the maps are not fair,” Protasiewicz said. “We have battleground elections. We know they're not good. But the question is, am I able to fairly make a decision on a case? Of course, I would.”

Kelly said he believes the maps should be in accordance with the law.

“The way you draw those lines, it's almost entirely political, except that there are some legal requirements you need,” Kelly said.

Protasiewiecz brought up Kelly’s work in 2020 when he worked with clients such as the Wisconsin Republican Party and the Republican National Committee. She claimed Kelly had “extensive” conversations with former GOP chair Andrew Hitt about fake republican electors in the 2020 presidential election.

“He is a true threat to our democracy,” Protasiewiecz said.

Kelly countered, telling Protasiewiecz “you’re lying.”

“He had one conversation with me, 30 minutes, in which he asked if I was in the loop on the alternate electors slate,” Kelly said. “I told him I wasn’t, because I wasn’t. And that was the end of the matter.”

Voters will make their choice for state supreme court justice in the April 4 election, and early voting began Tuesday.