Dan Kelly would preserve judicial restraint in Wisconsin

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'If voters want a dispassionate, neutral arbiter on the Wisconsin Supreme Court who will leave his political beliefs at home while hearing high-stakes cases, they should elect Dan Kelly,' Matthew Fernholz writes.

The Wisconsin state Supreme Court race has frequently been called the most important election in 2023. I do not know whether that is true, but I do know that money tends to flow to the most significant political races, and the current race for Wisconsin’s high court has shattered the record for the most expensive judicial race in American history.

The implications of this election are massive, and Dan Kelly is the right person for the job because of his respect for the law, the Wisconsin Constitution, and the U.S. Constitution. Kelly understands that the role of the judiciary as an institution is not to make the law but to determine what exactly it means and how it ought to be applied.

Scalia frequently voted on cases in a way that was contrary to his preferred political outcome. Indeed, Scalia believed it was imperative for judges to leave their political beliefs at home when considering legal arguments, once famously saying, “[t]he judge who always likes the results he reaches is a bad judge.”

Kelly’s opponent in this race, Janet Protasiewicz, has campaigned openly on her political “values” and has telegraphed how she will vote in various cases based on her values. She has also indicated a desire to overturn settled precedent on legislative maps and Act 10, the law that limited collective bargaining for public sector unions.

 

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