Fallone, Roggensack Race Could Shift Balance of Wisconsin Supreme Court

"Nonpartisan election" seems to be a buzz phrase quickly falling out of style in Wisconsin politics as the state is again embroiled in a saucy state Supreme Court election essentially split on party lines.

And in a race split by ideology, barbs are sure to follow.

State Supreme Court Justice Patience Roggensack is seeking another 10-year term on the bench, but is facing a challenge from Marquette University law professor Ed Fallone in the April 2 election. The 2013 race has all the fixings of a partisan race similar to the 2011 showdown between Justice David Prosser and JoAnne Kloppenburg, which was seen as a referendum on Gov. Scott Walker at the time.

The court is weighted 4-3 in favor of conservative justices, and April 2 could tip the court the opposite direction. Several Democrats, unions and progressive organizations have financially backed Fallone. Roggensack has support from the conservative interest group Wisconsin Club for Growth, Republican Party chapters, and state sheriffs and judges.

Some of the most significant — and politically cloudy — cases are likely on the court’s docket. Voter ID law, which has long been championed by state Republicans, has stalled in the courts, but two cases currently in appeals are sure to appear before the Supreme Court.

Roggensack told the Milwaukee Journal Sentinel in January that she doesn’t take positions on issues that could come before the court. However, Fallone stated in a blog that, “Litigation challenging the constitutionality of state laws imposing a voter ID requirement faces an uphill battle under existing judicial precedent.”

Fallone encouraged voter ID critics to oppose the law by electing representatives who would repeal or amend the legislation, and work from a grassroots level to assist people with obtaining a photo ID.

The court will likely address limits on collective bargaining, Indian school mascots, and expanded power for the governor over administrative rules, according to the Journal Sentinel.

Trading Barbs

A partisan election — or perceived partisan election — doesn’t often make it to voting day without getting dragged through the mud a few times. Fallone on Tuesday fired a mud ball into Roggensack’s court with a new television ad.

Fallone accuses Roggensack of failing to hold Prosser accountable for a physical altercation with Justice Ann Walsh Bradley in her office in June 2011. Fallone claimed Roggensack has allowed the Supreme Court to “descend into dysfunction” because she was the first justice to recuse herself from the case.

Roggensack’s campaign fired back, saying it was disappointing for Fallone to continue his negative attack campaign. A Roggensack campaign consultant said voters are “tired of negative campaigns” and accused him of not offering “positive solutions or experience” to voters.