The statues of Lady Justice that stand outside courthouses across the country show her blindfolded for a reason: They represent the fundamental commitment of our justice system to fair, impartial judges. That concept is not only an aspiration, but a constitutional guarantee: Inherent in the 14th Amendment’s promise of “due process of law” is the principle that judges who hear cases at all levels will be fair, unbiased, and open-minded as to the litigants and issues before them.
That promise is being put to the test in my home state of Wisconsin, where newly elected Justice Janet Protasiewicz is currently considering a motion to recuse from a case involving the state’s legislative districts. Wisconsin elects its judges, and during the campaign last spring then-Judge Protasiewicz went further than any previous candidate in announcing her views on the campaign trail. Although the maps were approved 17 months ago by the Wisconsin Supreme Court and the law has not changed, Judge Protasiewicz called the maps “gerrymandered,” “rigged,” “unfair,” and “wrong,” going so far as to say that “anybody with any sense knows our maps are rigged.” She said it multiple times, in multiple places, with intention. She knew the issue would motivate Democrat voters to turn out, and she played that card boldly, deciding to prioritize electoral success over ethical expectations.
What is more, the Democratic Party of Wisconsin also heard her aggressive rhetoric loud and clear. The party, which can take unlimited funds into its coffers and make unlimited transfers to
