Wisconsin
Wisconsin’s highest court is the Wisconsin Supreme Court. The court has six associate justices and one chief justice, who is chosen by members of the court to serve a two-year term. (Source: Wisconsin Constitution)
Judicial Selection
Justices run for a 10-year term on the Wisconsin Supreme Court in nonpartisan elections, and they can seek additional terms through nonpartisan elections. To fill an interim vacancy, the governor appoints a candidate from a list provided by a judicial nominating commission, but the governor is not required to select a candidate from the list. The appointed justice holds office until Wisconsin’s next spring election when no other justice is to be elected. If the vacancy occurs between December 1 and the date of the spring election, the appointed justice stands for election in the second succeeding spring election (or later if another justice is to be elected) instead. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Wisconsin’s first and only constitution was adopted in 1848. As of January 1, 2024, it had 150 amendments. (Source: John Dinan, 2024)
Filters
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.