Commentary

On April 4, Wisconsin will hold an election for a seat on its state supreme court, which has had a clear conservative majority since 2008. Two candidates — judicial conservative Daniel Kelly and progressive Janet Protasiewicz — have advanced out of a four-way primary and are vying to replace a retiring conservative justice. The election, which has already broken records for spending and primary turnout, represents liberals’ first chance in a decade to break the conservative lock.

This year, our research shows a significant uptick of those lawsuits occurring in the state court system and challenging every step of the election process — from whether candidates or ballot initiatives qualify to appear on the ballot, to what address information must be completed in order to accept mailed ballots. It also extends to specific procedures for county clerks or poll watchers as voting occurs.

This episode takes a dive into state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center.

When it comes to current efforts to strip or distort the people’s ability to choose their government, state courts have both the authority and the duty to act.

An interview with Associate Professor of Law and Faculty Co-Director of the State Democracy Research Initiative at the University of Wisconsin Law School Robert Yablon. Prof. Yablon discusses his recent article on the concept of "gerrylaundering", an idea related to gerrymandering.

The Wisconsin Supreme Court has set the stage for another decade of gerrymandered electoral maps. For Wisconsinites across the political spectrum who are fed up with partisan redistricting abuses, the court’s decision is a gut punch — and a glaring departure from past judicial practice. When federal judges did the work in Wisconsin in prior decades, they emphatically rejected biased maps. By failing to do the same, this court has taken a wrong turn that could seriously tarnish its institutional credibility.

The episode discusses ongoing battles of state legislatures stripping power from governors, how states and localities are using COVID-related federal aid, and state constitutional law. As part of the conversation, we also get into institutional design of state and local governments and how these institutions promote or hinder majoritarianism.