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    In Wisconsin Supreme Court Race, Democratic Turnout Was High

    Democratic turnout was high in the Tuesday primary for the State Supreme Court, ahead of a costly general election that will decide the future of abortion rights and gerrymandered maps in the state.MILWAUKEE — Eight months after the nation’s highest court made abortion illegal in Wisconsin, a liberal State Supreme Court candidate who made reproductive rights the centerpiece of her campaign won more votes than her two conservative opponents combined.The Wisconsin Supreme Court primary election on Tuesday was a triumph for the state’s liberals. In addition to capturing 54 percent of the vote in the four-way, officially nonpartisan primary, they will face a conservative opponent in the general election who was last seen losing a 2020 court election by double digits. It proved to be a best-case scenario for Wisconsin Democrats, who for years have framed the April 4 general election for the State Supreme Court as their last chance to stop Republicans from solidifying their grip on the state. Republicans took control of the state government in 2011 and drew themselves legislative maps to ensure perpetual power over the state’s Legislature, despite the 50-50 nature of Wisconsin politics.“If Republicans keep their hammerlock on the State Supreme Court majority, Wisconsin remains stuck in an undemocratic doom loop,” said Ben Wikler, the chairman of the Democratic Party of Wisconsin.Now, with an opportunity to retake a majority on the State Supreme Court that could undo Wisconsin’s 1849 ban on nearly all abortions and throw out the state’s gerrymandered legislative maps, Democrats have the general election matchup they wanted. Janet Protasiewicz (pronounced pro-tuh-SAY-witz), a liberal circuit court judge in Milwaukee County, will face off against Daniel Kelly, a conservative former State Supreme Court justice who lost a 2020 election for his seat by nearly 11 percentage points — a colossal spread in such an evenly divided state. Abortion rights demonstrators gathered in Madison, Wis., in January 2022. Judge Protasiewicz has sought to put abortion, which is now illegal in most cases in Wisconsin, at the center of the campaign. Jamie Kelter Davis for The New York TimesTuesday’s results suggested that the state’s Democratic voters are more energized than Republicans. While the number of ballots cast statewide represented 29 percent of the 2020 presidential electorate, the turnout in Dane County was 40 percent of the 2020 total, a striking figure for a judicial election. In Dane County, which includes the liberal state capital of Madison, Joseph R. Biden Jr. took three out of every four votes.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.Black Mayors: The Black mayors of New York City, Los Angeles, Chicago and Houston have banded together as they confront violent crime, homelessness and other similar challenges.Wisconsin Supreme Court: Democratic turnout was high in the primary for the swing seat on the court, ahead of a general election that will decide the future of abortion rights and gerrymandered maps in the state.Mississippi Court Plan: Republican lawmakers want to create a separate court system served by a state-run police force for mainly Black parts of the capital, Jackson, reviving old racial divisions.Michigan G.O.P.: Michigan Republicans picked Kristina Karamo to lead the party in the battleground state, fully embracing an election-denying Trump acolyte after her failed bid for secretary of state.Republicans will also face the financial might of the Democratic Party of Wisconsin, which on Wednesday transferred $2.5 million to the Protasiewicz campaign. Justice Kelly did not spend a dollar on television advertising during the primary, but he was aided by $2.8 million in spending from a super PAC funded by the conservative billionaire Richard Uihlein, according to AdImpact, a media tracking firm. Democrats also helped Justice Kelly by spending $2.2 million to attack his conservative opponent, Jennifer Dorow, a circuit court judge in Waukesha County. Justice Kelly has said he expects Mr. Uihlein’s PAC, Fair Courts America, to spend another $20 million on his behalf for the general election. That money will not go as far as the cash transferred directly to the Protasiewicz campaign because candidates can buy television advertising at far lower rates than PACs. Wisconsin’s conservatives, who have controlled the court since 2008, fear a rollback not just of their favorable maps but also of a host of Republican-friendly policies that were ushered in while Scott Walker was governor, including changes to the state’s labor and voting laws. “She’s going to impart her values upon Wisconsin regardless of what the law is — does that seem like democracy to you?” said Eric Toney, the district attorney for Fond du Lac County, who was the Republican nominee for attorney general last year. “This isn’t Republicans and Democrats. It’s democracy and the rule of law that is on the line.”There is also the question of how Wisconsin Republicans coalesce after their second bruising primary contest in six months. Throughout the campaign, Justice Kelly declined to say that he would back Judge Dorow in the general election, while her supporters flatly said that he would lose the general election.It was a bit of a replay of the governor’s race last year, when bitter intraparty feelings remained after Tim Michels, with former President Donald J. Trump’s endorsement, defeated former Lt. Gov. Rebecca Kleefisch in the primary. Ms. Kleefisch then did little to encourage her supporters to back Mr. Michels, who later lost the general election to Gov. Tony Evers, a Democrat.“With Michels and Kleefisch, there wasn’t that come-together-to-Jesus moment,” said Stephen L. Nass, a Republican state senator from Whitewater. “I think people realize now that was a mistake. It should have happened. And now we’ve got to do it.”Wisconsin’s Supreme Court was one vote away from overturning Mr. Biden’s 2020 victory in the state, deciding in a series of 4-to-3 decisions to reject Mr. Trump’s efforts to invalidate 200,000 votes from the state’s two largest Democratic counties.Judge Protasiewicz speaking at her primary night party on Tuesday in Milwaukee. She has openly declared her views in support of abortion rights and against Wisconsin’s gerrymandered legislative maps.Caleb Alvarado for The New York Times“What our Supreme Court did with the 2020 presidential election kind of turned people’s stomachs,” Judge Protasiewicz said in an interview on Tuesday over coffee and paczki, a Polish pastry served on Fat Tuesday. “We were one vote away from overturning the results of the 2020 presidential election.”Judge Protasiewicz has pioneered what may be a new style of judicial campaigning. She has openly proclaimed her views on abortion rights (she’s for them) and the state’s legislative maps (she’s against them). That has appeared to offend Justice Kelly, who devoted chunks of his Tuesday victory speech to condemning the idea that Judge Protasiewicz had predetermined opinions about subjects likely to come before the court.“If we do not resist this assault on our Constitution and our liberties, we will lose the rule of law and find ourselves saddled with the rule of Janet,” Justice Kelly told supporters in Waukesha County. But Judge Protasiewicz has considerable incentives to put her views on hot-button topics front and center for voters. (She calls them “my values” to remain within a law that prohibits judicial candidates from plainly stating how they would rule on specific cases.) Democrats learned in last year’s midterm contests just how potent and motivating abortion is for their voters. Judge Protasiewicz, in the interview, recounted how voters had come to her campaign stops wearing sweatshirts bearing the words “Fair maps now.” “The voters are demanding more,” said Rebecca Dallet, a liberal Wisconsin Supreme Court justice, at the Protasiewicz victory party on Tuesday in Milwaukee. “People want to know more about their candidates. And I think there’s a way to communicate that without saying anything that shouldn’t be said about future cases.”Justice Kelly’s views are hardly opaque, either.Appointed to the court by Mr. Walker in 2016 before losing his re-election bid in 2020, Justice Kelly went on to work for the Republican National Committee as an “election integrity” consultant. He has the endorsement of the state’s three major anti-abortion groups.Justice Kelly speaking at a party on Tuesday night in Okauchee Lake, Wis. He said in an interview that only state legislators, not the State Supreme Court, could overturn Wisconsin’s abortion ban.Jamie Kelter Davis for The New York TimesDuring an interview on Monday night in Sheboygan, Justice Kelly said only legislators could overturn the state’s 1849 abortion ban, enacted decades before women were allowed to vote. He said that complaints about the maps amounted to a “political problem” and that they were legally sound.Yet in the same interview, conducted in the back of a bar during a meeting of the Sheboygan County Republican Party, Justice Kelly declined to say whether he supported the Wisconsin Supreme Court’s ruling in December 2020 that rejected Mr. Trump’s attempt to overturn the state’s presidential election results.“If I were to say it was decided correctly, then the hullabaloo would be, ‘Justice Kelly doesn’t care about election integrity,’” he said. “If I say it was decided incorrectly, the hullabaloo would be, ‘Justice Kelly favors overthrowing in presidential elections.’ And so I don’t think there’s any way to answer that question in a way that would not get overcome by extraneous noise.”Still, he said he had “no reason to believe” Wisconsin’s 2020 election was not decided properly.Since Justice Kelly lost in 2020, he and other Republicans have taken it as an article of faith that the wide margin of his defeat could be attributed to the Democratic presidential primary, which fell on the same day. Several Republicans asserted that Wisconsin’s Democratic Party leadership had colluded with Senator Bernie Sanders of Vermont, whose presidential campaign was by then a lost cause, to remain in the race to lift the chances of the liberal candidate, Jill Karofsky.“It still pains me to admit that, as it turns out, Joe Biden and Bernie Sanders combined can turn out more votes than little old me,” Justice Kelly said Monday.Faiz Shakir, who was the campaign manager for the Sanders campaign, said in an interview that Mr. Sanders had indeed decided to suspend his campaign and concede to Mr. Biden days before Wisconsin’s April 2020 primary, but encouraged his supporters to vote in the primary anyway to influence the court election.One thing that is clear is that the next six weeks in Wisconsin politics will be dominated by the Protasiewicz campaign’s effort to place abortion rights at the center of the race. The issue will feature heavily in her television advertising, while Republicans will try to change the subject to crime — or anything else. “Everybody is very emotional about abortion, so that’s the tail that’s going to wag the dog,” said Aaron R. Guenther, a conservative Christian minister from Sheboygan. “It’s not what all of life is about, but it’s what the election is going to be about.”Dan Simmons contributed reporting from Okauchee Lake, Wis. More

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    Liberal Judge Is First to Advance in Major Wisconsin Supreme Court Election

    Janet Protasiewicz, a liberal judge from Milwaukee County, will face one of two conservatives in a race that could tilt the balance of the court, with abortion rights, gerrymandered maps and more in the balance.MILWAUKEE — Janet Protasiewicz, a liberal Milwaukee County judge, won her race on Tuesday, according to The Associated Press, and advanced to the general election for the Wisconsin Supreme Court, the most consequential American election on the 2023 calendar.On April 4, Judge Protasiewicz will face one of two conservatives for a 10-year term on the court: Daniel Kelly, a former Wisconsin Supreme Court justice, or Jennifer Dorow, a Waukesha County judge known for presiding over the trial last fall of a man who killed six people by driving through a 2021 Christmas parade. Late Tuesday, The A.P. had not yet projected which candidate would advance along with Judge Protasiewicz.The winner of the officially nonpartisan race will tip the balance of the state’s seven-member Supreme Court, which has been controlled by conservatives since 2008. If Judge Protasiewicz prevails, the court will have a four-member liberal majority that would be likely to overturn the state’s 1849 law forbidding abortion in nearly all cases, redraw Wisconsin’s heavily gerrymandered legislative and congressional maps, and influence how the state’s 10 electoral votes are awarded after the 2024 presidential election.“Everything we care about is going to be determined by who wins this election,” Judge Protasiewicz told supporters in a victory speech on Tuesday night. Influential Democrats in Wisconsin coalesced long ago behind Judge Protasiewicz (pronounced pro-tuh-SAY-witz), who has endorsements from a range of top party officials and de facto support from many others. The other liberal candidate in the race, Everett Mitchell, a judge in Dane County, which includes Madison, lagged far behind the other three major candidates in fund-raising.More on Abortion Issues in AmericaAbortion Bills: More than 300 abortion-related bills — a majority of which seek restrictions — have been proposed around the United States. Doctors are the most vulnerable to punishment.A Missed Opportunity: Abortion rights activists say President Biden’s State of the Union speech could have done more to address what they view as a national health crisis.State Constitutions: Divergent decisions by state supreme courts in South Carolina and Idaho displayed how volatile the fight over abortion rights will be, as advocates and opponents push and pull over state constitutions.A New Lawsuit: A company that makes an abortion pill filed a lawsuit challenging the constitutionality of West Virginia’s ban on the medication. A wave of similar cases are expected to be filed in coming months.Republicans split between Justice Kelly, who lost a 2020 election for a full term after being appointed in 2016 by Gov. Scott Walker, and Judge Dorow, whom Mr. Walker appointed to the Waukesha court.The fight for conservative votes grew increasingly bitter in the closing days before Tuesday’s primary election. Justice Kelly said in interviews on conservative talk radio and at campaign stops that he would not commit to endorsing Judge Dorow if she advanced to the general election, while Judge Dorow’s supporters argued that Justice Kelly was unelectable based on his performance in 2020, when he lost by 10 percentage points.The race is all but certain to become the most expensive judicial election in American history, topping the $15 million spent on a 2004 race for the Illinois Supreme Court. Already, more than $8.7 million has been spent on television and digital advertising in the Supreme Court race, according to AdImpact, a media-tracking firm.Officials in both parties expect tens of millions more to be spent by each side during the six-week general election.Justice Kelly has used his deep-pocketed supporters as a reason to vote for him in the primary. He told conservatives gathered at a Republican Party dinner this month in Sawyer County that they should back him because he had the support of the billionaire Uihlein family, which has pledged to spend millions of dollars on his behalf. Justice Kelly said the Uihleins would not back Judge Dorow in the general election.“If it’s not me in the general election, I don’t think that money just moves over to Jennifer,” Justice Kelly said. “It just won’t be spent. So if I’m not the candidate in the general election, Jennifer will jump in completely unarmed when the left is going to spend up to $25 million.”The state’s Democrats and Judge Protasiewicz’s campaign believe Judge Dorow would be a stronger general election opponent. A Better Wisconsin Together, a Democratic super PAC, spent more than $2 million on television ads before the primary attacking Judge Dorow. The Uihleins’ super PAC, Fair Courts America, spent $2.7 million backing Mr. Kelly and attacking Judge Protasiewicz. More

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    What to Watch For in a Consequential Court Election in Wisconsin

    Voters are going to the polls today in the primary election for a swing seat on the state’s Supreme Court, with abortion rights, gerrymandered maps and more at stake.BELOIT, Wis. — It is a funny thing about American politics that for one night, the nation’s most important campaign of 2023 descended on Cheezhead Brewing, a tavern where about 50 Republicans gathered to discuss the Wisconsin Supreme Court race.Standing in front of a Green Bay Packers logo made from green, gold and white bottle caps, Jennifer Dorow, a Waukesha County judge who is one of two conservatives running in Tuesday’s four-way primary, told the crowd on Sunday night that “fairness and impartiality are squarely on the ballot this election.”What fairness and impartiality mean, however, depends entirely on one’s political stripes.Democrats say Wisconsin’s Supreme Court, controlled by conservatives since 2008, has enacted unfair legislative maps that have allowed Republicans to take near-supermajority control of the State Assembly and Senate in an evenly divided state — making nearly everything the State Legislature does unfair. The leading liberal candidate in the race, Janet Protasiewicz, a Milwaukee County judge, calls the maps “rigged” and has said she would vote to throw them out.For conservatives like Judge Dorow, publicly telegraphing one’s intentions on the court and prejudging cases are violations of the judicial oath.But few in Wisconsin are fooled about the stakes of this officially nonpartisan race for an open seat on the seven-member court. If a liberal candidate wins a 10-year term, the court will tip in liberals’ favor, and the state would be likely to throw out its 1849 law banning abortion in nearly all cases and to redraw its legislative maps. If a conservative wins, abortion will remain illegal and Republicans will retain a lock on the Legislature for at least another decade.A protest for abortion rights last month in the rotunda at Wisconsin’s Capitol. The Supreme Court race could decide the fate of Wisconsin’s abortion ban.Jamie Kelter Davis for The New York TimesThe top two candidates from Tuesday’s primary will advance to the general election on April 4. As voters cast their ballots, here is what’s happening in the race.The G.O.P. establishment is fighting outsiders.Last fall, Wisconsin’s Republican establishment rallied behind Daniel Kelly, a former Supreme Court justice who, in 2020, lost a bid for re-election — just the second sitting justice to do so since 1958.But whispers soon emerged on the right about Justice Kelly’s ability to win. He lost that 2020 race by 10 percentage points, an enormous margin in battleground Wisconsin, where a three-point victory in a statewide race constitutes a blowout.Around the same time, Judge Dorow was presiding over the most prominent local court case in years — the murder trial of a man eventually convicted of killing six people by driving through a 2021 Christmas parade. She was on the news every night for weeks.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.Michigan G.O.P.: Michigan Republicans picked Kristina Karamo to lead the party in the battleground state, fully embracing an election-denying Trump acolyte after her failed bid for secretary of state.Dianne Feinstein: The Democratic senator of California will not run for re-election in 2024, clearing the way for what is expected to be a costly and competitive race to succeed the iconic political figure.Lori Lightfoot: As the mayor of Chicago seeks a second term at City Hall, her administration is overseeing the largest experiment in guaranteed basic income in the nation.Union Support: In places like West Virginia, money from three major laws passed by Congress is pouring into the alternative energy industry and other projects. Democrats hope it will lead to increased union strength.There hasn’t been a Wisconsin Supreme Court race with multiple conservative candidates since the turn of the millennium, and Justice Kelly’s allies were determined to avoid one.“I personally called Jennifer before she entered the race and pleaded with her not to jump in,” Shelley Grogan, an appellate court judge who serves as a Kelly surrogate, told the Cheezhead Brewing audience. “It’s really hard for a conservative to win. So if there’s more than one person interested, they sit down and talk about it and decide who we can all get behind.”(In a subsequent interview, Judge Grogan said she was interested in running for the State Supreme Court in the future. A liberal justice’s term is up in 2025, and a conservative justice’s will expire in 2026.)Jennifer Dorow, a Waukesha County judge, is one of two conservatives running in Tuesday’s four-way primary.Caleb Alvarado for The New York TimesJudge Dorow told the audience she would not wait her turn.“I don’t believe in deciding candidates in a back room,” she said. “I believe it’s important that the voters in the state of Wisconsin do that.”The 2020 election still looms large — for both parties.When the Wisconsin Supreme Court ruled, in a series of 4-to-3 votes, to uphold Joseph R. Biden Jr.’s 2020 victory in Wisconsin, it was a conservative justice, Brian Hagedorn, who provided the key vote to reject President Donald J. Trump’s argument to invalidate 200,000 votes.Those decisions have energized Democrats, who are poised to pour tens of millions of dollars behind Judge Protasiewicz (pronounced pro-tuh-SAY-witz). But they have also animated Justice Kelly, who has repeatedly accused Judge Dorow of being the second coming of Justice Hagedorn — a sort of untrustworthy Trojan horse who would betray Republicans when it counts.Justice Kelly, who The Milwaukee Journal Sentinel last week revealed has for two years been paid by the Republican National Committee to work on “election integrity issues,” has repeatedly tied Judge Dorow to Justice Hagedorn. Along with voting against Mr. Trump’s efforts to overturn the election, Justice Hagedorn sided with several pandemic mitigation efforts by Gov. Tony Evers, a Democrat, in 2020. Justice Hagedorn has been a reliable conservative vote on most matters, including redistricting, but many on the right have not forgiven him for defying Mr. Trump.“I’m kind of in the same place that I was with Brian Hagedorn, all I have is what she says about herself,” Justice Kelly said at a meeting of Republicans on Monday night in Sheboygan. “Jennifer may very well be a judicial conservative, she might be, I just don’t know because there’s nothing there to tell me that she is.”Justice Hagedorn, in an email, said he was “not interested in commenting at this time.”Republicans are arguing about what it means to be electable.Justice Kelly’s 2020 defeat is the animating feature of Judge Dorow’s campaign.“I’m the only conservative who can win in April,” she wrote on Twitter, linking to a radio advertisement in which one of Milwaukee’s leading conservative talk radio hosts delivered a monologue supporting her candidacy.But besides offering the basic bromides about being a conservative judge who will abide by the Constitution, Judge Dorow has said little else about her candidacy. She has declined nearly all interview requests, and in Beloit a campaign aide said she would respond only to preapproved questions. She did not linger at the bar to speak with voters after her remarks.Judge Janet Protasiewicz is the leading liberal in the officially nonpartisan race.Caleb Alvarado for The New York TimesJustice Kelly has been much more explicit about his political advantages. He has support from the billionaire Uihlein family, whose super PAC, Fair Courts America, has spent $2.7 million on ads backing him and attacking Judge Protasiewicz. Justice Kelly has said major conservative donors will abandon the race if he does not advance to the general election. A spokesman for Fair Courts America did not respond to questions.“You need to be the kind of candidate that will attract the independent expenditures to get the message out across Wisconsin,” Justice Kelly told Republicans gathered at a Lincoln Day dinner in Sawyer County this month. “If it’s not me in the general election, it’s not like that money just moves over to Jennifer. It just won’t be spent. So if I’m not the candidate in the general election, Jennifer will jump in completely unarmed when the left is going to spend upwards of $25 million.”Democrats seem to prefer to face Justice Kelly and the Uihlein money rather than Judge Dorow’s shallower record.A Better Wisconsin Together, a Democratic super PAC, has spent $2 million in TV ads attacking Judge Dorow in the primary but nothing against Justice Kelly. Democratic opposition research has been focused on damaging Judge Dorow, who is less well known but perceived as more likable and reasonable than Justice Kelly by voters in Democratic focus groups.Democrats are vowing not to replay their 2022 Senate race.Last year, Wisconsin Democrats watched as Mandela Barnes, a popular, progressive, young Black candidate coalesced support before losing the general election to Senator Ron Johnson, a better-funded, older white Republican.Determined not to repeat that recent history, the party’s top leaders and fund-raisers coalesced behind Judge Protasiewicz, a white, female career prosecutor and jurist from the suburbs who is not as vulnerable to the types of barely coded attacks that helped doom Mr. Barnes last fall.Judge Protasiewicz built a commanding fund-raising advantage and has opened a wide lead in both parties’ private polling ahead of the primary. She is widely expected to place first on Tuesday, with the other liberal candidate in the race, Everett Mitchell, a more progressive Black judge from Dane County, projected to finish fourth.The near unanimity among Democrats combined with a fractured G.O.P. has Democrats planning and Republicans fearing a mountain of attack ads beginning as soon as Wednesday against whichever conservative candidate advances to a likely matchup with Judge Protasiewicz. A reverse dynamic in August damaged Mr. Barnes, while Mr. Johnson and his allies poured tens of millions into attack ads before the Democrat could recover.“There is no world in which Janet is defined by the right in the first weeks of the race,” said Sachin Chheda, a top strategist on the Protasiewicz campaign. “We are prepared for whatever the results are on Tuesday and will be hitting the pedal to the floor on Wednesday.” More

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    2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy

    The election for a swing seat on Wisconsin’s Supreme Court has huge policy stakes for the battleground state. Cash is pouring in, and some of the candidates have shed any pretense of judicial neutrality.In 10 weeks, Wisconsin will hold an election that carries bigger policy stakes than any other contest in America in 2023.The April race, for a seat on the state’s evenly divided Supreme Court, will determine the fate of abortion rights, gerrymandered legislative maps and the governor’s appointment powers — and perhaps even the state’s 2024 presidential election if the outcome is again contested.The court’s importance stems from Wisconsin’s deadlocked state government. Since 2019, Gov. Tony Evers, a Democrat, has faced off against a Republican-controlled Legislature with near-supermajority control thanks to one of the country’s most aggressive partisan gerrymanders, itself approved last year by the Wisconsin justices.Wisconsin’s Supreme Court has been left to arbitrate a host of thorny issues in the state, and has nearly always sided with Republicans. But now, with a conservative justice retiring, liberals hope to reverse many of those decisions by taking control of the open seat and its 10-year term.“If you change control of the Supreme Court from relatively conservative to fairly liberal, that will be a big, big change and that would last for quite a while,” said David T. Prosser Jr., a conservative former justice who retired from the court in 2016.The contest will almost certainly shatter spending records for a judicial election in any state, and could even double the current most expensive race. Wisconsinites are set to be inundated by a barrage of advertising, turning a typically sleepy spring election into the latest marker in the state’s nonstop political season. The seat is nonpartisan in name only, with officials from both parties lining up behind chosen candidates.Indeed, the clash for the court is striking because of how nakedly political it is.While past state judicial candidates and United States Supreme Court nominees have largely avoided weighing in on specific issues — instead pitching opaque judicial philosophies and counting on voters or senators to read between the lines — some of the Wisconsin contenders are making all but explicit arguments for how they would rule on topics that are likely to come before the court.Judge Janet Protasiewicz has argued that abortion should be “a woman’s right to choose.”Caleb Alvarado for The New York TimesJanet Protasiewicz, a liberal county judge from a Milwaukee suburb, is leading the charge on both fund-raising and the new approach to judicial campaigning, shedding the pretense that she does not hold firm positions on the hottest-button issues. She turned heads this month at a candidate forum when she declared the state’s gerrymandered legislative maps “rigged.”In an interview last week, Judge Protasiewicz argued that abortion should be “a woman’s right to choose”; said that Gov. Scott Walker’s 2011 law effectively ending collective bargaining rights for most public employees was unconstitutional; and predicted that, if she won, the court would take up a case seeking to invalidate the Republican-drawn state legislative and congressional maps put in place last year.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.Voting Laws: The tug of war over voting rights is playing out with fresh urgency at the state level, as Republicans and Democrats seek to pass new laws before the next presidential election.A Key Senate Contest: Representative Ruben Gallego, a progressive Democrat, said that he would run for the Senate in 2024 in a potential face-off with Senator Kyrsten Sinema.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.“Obviously, if we have a four-to-three majority, it is highly likely that we would be revisiting the maps,” she said.The other liberal candidate, Judge Everett Mitchell of Dane County, which includes Madison, the state capital, said in an interview that “the map lines are not fair.”Both candidates have also expressed full-throated support for the right to an abortion, which became illegal last summer under a law that was enacted in 1849 but that is being challenged by the state’s Democratic attorney general in a case likely to come before the court this year.Their declarations signify how the race is transmogrifying into a statewide election like any other in Wisconsin, a perpetual political battleground. Like November’s contests for governor, state attorney general and the Senate, the court election is set to be dominated by a focus on abortion rights (for Democrats) and crime (for Republicans).“We’re still on the November hangover where the top two issues were crime and abortion,” said Mark Graul, a Republican political operative in the state who is a volunteer for Jennifer R. Dorow, a conservative Waukesha County judge in the Supreme Court race. Judge Dorow presided over the trial last fall of a man convicted of killing six people by driving through a 2021 Christmas parade.Jennifer R. Dorow, a conservative Waukesha County judge, presided over the trial last fall of a man convicted of killing six people by driving through a 2021 Christmas parade.Caleb Alvarado for The New York TimesJudge Dorow and another conservative, Dan Kelly, a former Wisconsin Supreme Court justice who lost a 2020 election to retain his seat, will compete against the two liberals in an officially nonpartisan Feb. 21 primary to replace Justice Patience D. Roggensack, who is retiring.The top two will advance to an April 4 general election, with the winner joining a court that is otherwise split between three conservative and three liberal justices.In narrowly divided Wisconsin, a one-seat edge is all the majority needs to change the state’s politics.In recent years, in addition to approving the Republican-drawn maps, the court has ruled that most drop boxes for absentee ballots are illegal; struck down Mr. Evers’s pandemic mitigation efforts; stripped regulatory powers from the state schools superintendent, a Democrat; allowed political appointees of Mr. Evers’s Republican predecessor to remain in office long past the expiration of their terms; and required some public schools to pay for busing for parochial schools.Many of those cases, which Democrats hope to roll back, were brought to the court by the Wisconsin Institute for Law and Liberty, a think tank and legal organization that has served as the leading edge of the state’s conservative movement. The group’s founder, Rick M. Esenberg, said the court’s role ought to be upholding laws precisely as legislators have written them — not proposing major changes to them.“Having control of the judiciary shouldn’t mean that you can make new policy,” Mr. Esenberg said. “Some judicial candidates have spoken as if that’s exactly what’s at stake. And for them, it may well be.”The conservative candidates, Justice Kelly and Judge Dorow, have been less forthright about how they would rule, but both have left ample clues for voters. Justice Kelly last year participated in an “election integrity” tour sponsored by the Republican Party of Wisconsin. Judge Dorow, who was so well known in the Milwaukee suburbs that people dressed as her last Halloween, said in a 2016 legal questionnaire that the worst U.S. Supreme Court decision was Lawrence v. Texas, the 2003 decision that struck down anti-sodomy laws.From left, Judge Dorow, Dan Kelly, Everett Mitchell and Judge Protasiewicz at a forum in Madison this month.John Hart/Wisconsin State Journal, via Associated PressBoth have ties to former President Donald J. Trump. In 2020, Mr. Trump endorsed Justice Kelly and praised him at a Milwaukee rally. Judge Dorow’s husband, Brian Dorow, was a security official for Trump campaign events in Wisconsin. Neither Justice Kelly nor Judge Dorow agreed to be interviewed.The race has already broken state fund-raising records for a judicial race. Judge Protasiewicz — whose campaign on Tuesday released a cheeky video teaching Wisconsinites how to say her name: pro-tuh-SAY-witz — raised $924,000 last year, more than any Wisconsin Supreme Court candidate ever in the year before an election. Judge Dorow and Justice Kelly each raised about one-third as much, while Judge Mitchell collected $115,000.Far more money will flow in from outside groups and the state’s political parties, which have no limits on what they may receive and spend. Both parties are expected to direct tens of millions of dollars to their favored general election candidates.Justice Kelly has the support of the billionaire Uihlein family, whose political action committee pledged last year to spend millions of dollars on his behalf. So far, the Uihleins’ contributions have amounted to just $40,000 — a pair of maximum individual contributions to his campaign. Last year the Uihlein-backed super PAC spent $28 million in Wisconsin’s Senate race; Richard and Liz Uihlein contributed an additional $2.8 million to the state Republican Party.Dan Curry, a spokesman for Fair Courts America, the Uihleins’ political action committee, declined to answer questions about the family’s spending plans in the Supreme Court race.The enormous stakes in the race so far have not been matched by commensurate public interest. Marquette University Law School, which conducts Wisconsin’s most respected political polls, has no plans to survey voters about the Supreme Court election, said Charles Franklin, the poll’s director.Ben Wikler, the chairman of the Democratic Party of Wisconsin, said there was no question that spending on the race would eclipse the most expensive U.S. judicial race on record, a $15 million campaign in 2004 for the Illinois Supreme Court, according to the Brennan Center for Justice.Mr. Wikler, who has spent recent weeks stumping for cash from major Democratic donors, said he hoped to make the race a national cause célèbre for liberals along the lines of Jon Ossoff’s 2017 House campaign in Georgia or the referendum on abortion rights in Kansas last year.Last year, the Wisconsin Supreme Court ruled that most drop boxes for ballots were illegal, a decision that could be revisited with a new justice.Lauren Justice for The New York TimesHe cited the court’s 4-to-3 ruling in December 2020 that rejected the Trump campaign’s effort to invalidate 200,000 votes cast in Milwaukee County and Dane County — an argument that has resonated with top Democrats in Washington worried that a more conservative court could reach an opposite conclusion in the future.“Wisconsin is extremely important for the presidency,” Senator Chuck Schumer of New York, the majority leader, said in an interview. “The Supreme Court is the firewall to an extreme Legislature that wants to curtail voting rights. And so this election is very important, not just for Wisconsin, but for the country.”Eric H. Holder Jr., the former attorney general who leads the National Democratic Redistricting Committee, plans to campaign in the state after the primary.For Wisconsin Democrats, the election is an opportunity to imagine a world in which they can exert some control over policy rather than simply trying to block Republican proposals, after a dozen years of playing defense.In an interview last month, Mr. Evers called the race “a huge deal.” His election lawyer, Jeffrey A. Mandell, said that if a liberal candidate won, Mr. Mandell would ask the State Supreme Court to take direct action to invalidate the state’s legislative maps on Aug. 2, the day after the new justice is seated.Kelda Roys, a Democratic state senator, said the campaign would focus almost entirely on abortion rights — because the next justice will be in position to overturn the state’s ban and because, she argued, the midterms showed that it was a winning issue.“It’s going to be abortion morning, noon and night,” Ms. Roys said, “even more than November was.”Kitty Bennett More

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    A Colossal Off-Year Election in Wisconsin

    Lauren Justice for The New York TimesConservatives have controlled the court since 2008. Though the court upheld Wisconsin’s 2020 election results, last year it ruled drop boxes illegal, allowed a purge of the voter rolls to take place and installed redistricting maps drawn by Republican legislators despite the objections of Gov. Tony Evers, a Democrat. More

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    The Key Elections Taking Place in 2023

    Among the races to watch are governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia.It might be tempting to focus on the 2024 presidential election now that the midterms are in the rearview mirror, but don’t sleep on 2023: key races for governor, mayor and other offices will be decided.Their outcomes will be closely watched for signs of whether Democrats or Republicans have momentum going into next year’s presidential election and congressional races — and for what they signal about the influence of former President Donald J. Trump.Virginia and New Jersey have noteworthy state house elections, and in Wisconsin, a state Supreme Court race will determine the balance of power in a body whose conservative majority routinely sides with Republicans. Here’s what to watch:Kentucky governorOf the three governors’ races this year, only Kentucky features an incumbent Democrat seeking re-election in a state that Mr. Trump won in 2020. The race also appears packed with the most intrigue.Gov. Andy Beshear won by less than 6,000 votes in 2019, ousting Matt Bevin, the Trump-backed Republican incumbent in the cherry-red state that is home to Senator Mitch McConnell, the Senate G.O.P. leader.A growing field of Republicans has ambitions of settling the score in 2023, including Daniel Cameron, who in 2019 became the first Black person to be elected as Kentucky’s attorney general, an office previously held by Mr. Beshear. Mr. Cameron, who is seen as a possible successor to Mr. McConnell, drew attention in 2020 when he announced that a grand jury did not indict two Louisville officers who shot Breonna Taylor. Last June, Mr. Trump endorsed Mr. Cameron for governor, but there will be competition for the G.O.P. nomination.Attorney General Daniel Cameron, signing the papers for his candidacy last week, is among Republicans seeking to challenge Gov. Andy Beshear this year.Timothy D. Easley/Associated PressKelly Craft, a former ambassador to the United Nations under Mr. Trump, is also running. So are Mike Harmon, the state auditor of public accounts, and Ryan Quarles, the state’s agricultural commissioner, and several other Republicans. The primary will be on May 16.Louisiana governorGov. John Bel Edwards, a Democrat who narrowly won a second term in 2019, is not eligible to run again because of term limits. The open-seat race has tantalized some prominent Republicans, including Jeff Landry, the state’s attorney general, who has declared his candidacy.Two other Republicans weighing entering the race are John Schroder, the state treasurer who has told supporters he will run, and Representative Garret Graves.Shawn Wilson, the state’s transportation secretary under Mr. Edwards, is one of the few Democrats who have indicated interest in running in deep-red Louisiana.Electing a New Speaker of the HouseRepresentative Kevin McCarthy won the speakership after a revolt within the Republican Party set off a long stretch of unsuccessful votes.Inside the Speaker Fight: Mr. McCarthy’s speaker bid turned into a rolling disaster. “The Daily” has the inside story of how it went so wrong and what he was forced to give up.A Tenuous Grip: By making concessions to far-right representatives, Mr. McCarthy has effectively given them carte blanche to disrupt the workings of the House — and to hold him hostage to their demands.Looming Consequences: Congressional gridlock brought on by far-right Republicans now seems more likely to lead to government shutdowns or, worse, a default on debt obligations.Roots of the Chaos: How did Mr. McCarthy’s bid become a four-day debacle? The story begins with the zero-sum politics of Newt Gingrich.Mississippi governorGov. Tate Reeves, a Republican, is running for a second term. But the advantage of incumbency and a substantial campaign fund may not be enough to stop a primary challenge, especially with his job approval numbers among the lowest of the nation’s governors.Philip Gunn, Mississippi’s House speaker, has been coy about possible plans to enter the race after announcing in November that he would not seek re-election to the Legislature. Among the other Republicans whose names have been bandied about is Michael Watson, the secretary of state. But Mr. Reeves is the only Republican to have filed so far; the deadline is Feb. 1.A Democrat hasn’t been elected governor of Mississippi in two decades, since a contest was decided by the Legislature because the winning candidate did not receive a majority of votes. Not surprisingly, few Democrats have stepped forward to run. One name to watch is Brandon Presley, a public service commissioner. Mr. Presley is a relative of Elvis Presley, who was from Tupelo, Miss., according to Mississippi Today, a nonprofit news website.U.S. House (Virginia’s Fourth District)The death in late November of Representative A. Donald McEachin, a Democrat from Virginia, prompted Gov. Glenn Youngkin, a Republican, to schedule a special election for Feb. 21.In December, Democrats resoundingly nominated Jennifer McClellan, a state senator, to represent the party in the contest for Virginia’s Fourth District, which includes Richmond and leans heavily Democratic. She could become the first Black woman elected to Congress in Virginia, where she would complete the two-year term that Mr. McEachin won by 30 percentage points just weeks before his death.Republicans tapped Leon Benjamin, a Navy veteran and pastor who lost to Mr. McEachin in November and in 2020.Chicago mayorMayor Lori Lightfoot of Chicago, a Democrat who in 2019 became the first Black woman and first openly gay person to lead the nation’s third-most populous city, faces a gantlet of challengers in her quest for re-election.That test will arrive somewhat early in the year, with the mayoral election set for Feb. 28. If no candidate finishes with a majority of the votes, a runoff will be held on April 4.Mayor Lori Lightfoot of Chicago faces several challengers in her re-election bid.Jim Vondruska/ReutersThe crowded field includes Representative Jesús G. García, a Democrat who is known as Chuy and who was overwhelmingly re-elected to a third term in his Cook County district in November and previously ran unsuccessfully for mayor. In the current race, Ms. Lightfoot has attacked Mr. García over receiving money for his House campaign from Sam Bankman-Fried, the criminally charged founder of the collapsed cryptocurrency exchange FTX.Ms. Lightfoot’s other opponents include Kam Buckner, a state legislator; Brandon Johnson, a Cook County commissioner; Sophia King and Roderick T. Sawyer, who both serve on the City Council; Paul Vallas, a former chief executive of Chicago public schools; and Ja’Mal Green, a prominent activist in the city.Philadelphia mayorAn open-seat race for mayor in Pennsylvania’s foremost Democratic bastion has attracted an expansive field of candidates. The office is held by Jim Kenney, a Democrat who is not eligible to run again because of term limits.Five members of the City Council have resigned to enter the race, which city rules require. They are Allan Domb, Derek Green, Helen Gym, Cherelle Parker and Maria Quiñones Sánchez.The field also includes Rebecca Rhynhart, the city’s controller, who has likewise resigned in order to run; Amen Brown, a state legislator; Jeff Brown, a supermarket chain founder; and James DeLeon; a retired judge.Wisconsin Supreme CourtConservatives are clinging to a one-seat majority on Wisconsin’s Supreme Court, but a retirement within the court’s conservative ranks could shift the balance of power this year. The court’s justices have increasingly been called on to settle landmark lawsuits involving elections, gerrymandering, abortion and other contentious issues.Two conservative and two liberal candidates have entered what is technically a nonpartisan election to succeed Judge Patience D. Roggensack on the seven-member court.Daniel Kelly, a conservative former justice on the state Supreme Court who lost his seat in the 2020 election, is seeking a comeback. Running against him in the conservative lane is Jennifer Dorow, a circuit court judge in Waukesha County who drew widespread attention when she presided over the trial of Darrell E. Brooks, the man convicted in the killing of six people he struck with his car during a Christmas parade in Waukesha, Wis., in 2021.Janet Protasiewicz and Everett Mitchell, judges from Milwaukee County and Dane County, which includes Madison, the capital, are seeking to give liberals a majority on the court.The two candidates who receive the most votes in the nonpartisan primary on Feb. 21 — regardless of their leanings — will face each other in the general election on April 4.Legislature (Virginia and New Jersey)Virginia is emerging as a potential tempest in 2023, with its divided legislature up for re-election and elected officials squarely focused on the issue of abortion — not to mention a Republican governor who is flirting with a run for president.Gov. Glenn Youngkin wants to ban most abortions after 15 weeks of pregnancy, emboldened by the Supreme Court’s repeal last summer of Roe v. Wade, the 50-year-old constitutional right to an abortion.His proposal is expected to resonate with Republican lawmakers, who narrowly control the House of Delegates. But it is likely to run into fierce opposition in the Senate, where Democrats are clinging to a slender majority. All seats in both chambers are up for election.Another Mid-Atlantic state to watch is New Jersey, where Republicans made inroads in 2021 despite being in the minority and are seeking to build on those gains. More

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    This Case Should Never Have Made It to the Supreme Court

    “The most important case for American democracy” in the nation’s history — that’s how the former appeals court judge J. Michael Luttig described Moore v. Harper, an extraordinary lawsuit that the Supreme Court considered in oral arguments Wednesday morning. Judge Luttig, a conservative and a widely respected legal thinker, is not one for overstatement. Yet most Americans aren’t paying attention to the case because it involves some confusing terminology and an arcane legal theory. It is essential that people understand just how dangerous this case is to the fundamental structure of American government, and that enough justices see the legal fallacies and protect our democracy.First, the back story on the case: In 2021, North Carolina lawmakers redrew their congressional maps. The state had 13 districts at the time, and its voters were more or less evenly divided between Democrats and Republicans. But the Republicans who are in control of North Carolina’s legislature didn’t want fair maps; they wanted power. In one of the most egregious gerrymanders in the nation, they drew 10 seats intended to favor themselves.The North Carolina courts were not amused. A panel of three trial judges found that the 2021 maps were “intentionally and carefully designed to maximize Republican advantage” — so much so that Republicans could win legislative majorities even when Democrats won more votes statewide. The State Supreme Court struck down the maps, finding they violated the North Carolina Constitution’s guarantees of free elections, free speech, free assembly and equal protection.That should have been the end of it: A state court applying the state Constitution to strike down a state law. But North Carolina’s Republican lawmakers appealed, arguing that the U.S. Constitution does not give state courts authority to rule on their congressional maps — even though the legislature had passed a law authorizing the courts to review redistricting plans like these. Instead, the lawmakers are relying on an untested theory that asserts that state legislatures enjoy nearly unlimited power to set and change rules for federal elections.In 2000 the chief justice at the time, William H. Rehnquist, proposed the idea in his concurring opinion on Bush v. Gore, and the independent state legislature theory has been floating around the fringes of right-wing legal circles ever since.To be clear, this is a political power grab in the guise of a legal theory. Republicans are trying to see if they can turn state legislatures — 30 of which are controlled by Republicans — into omnipotent, unaccountable election bosses with the help of the conservative supermajority on the Supreme Court. The theory has no basis in law, history or precedent. The idea that state lawmakers exist free of any constraints imposed by their constitution and state courts makes a mockery of the separation of powers, which is foundational to the American system of government. By the North Carolina lawmakers’ logic, they possess infinite power to gerrymander districts and otherwise control federal elections. It is a Constitution-free zone where no one else in the state — not the governor, not the courts, not the voters through ballot initiatives — has any say.On Wednesday morning, Justice Elena Kagan rejected the theory out of hand, saying it “gets rid of the normal checks and balances on the way big governmental decisions are made in this country. And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.”In practice, the theory that the petitioners in the case are seeking to use would turn hundreds of state constitutional provisions into dead letters in federal elections. For instance, 48 states affirmatively guarantee a right to vote in their constitutions. (The federal Constitution still does not.) Most state constitutions guarantee free, fair, equal or open elections. Even the secret ballot — so fundamental to American democracy — is a creature of state constitutions. If the justices accept the most aggressive version of the independent state legislature theory that the petitioners want them to and even if they accept a weaker version, provisions like these could become invalid overnight, because the theory holds that state constitutions have no authority to impose any regulations on federal elections. (The Constitution and federal law remain supreme, so challenges to state legislative actions could still be brought in federal courts.)Some of the justices insist that they don’t — they can’t — pay attention to the real-world outcomes of their rulings. They’re just interpreting law. By that logic, this case should be rejected on its merits.First, the theory is based on bad legal interpretation. The Constitution uses the word “legislature” in describing who has the power to regulate federal elections. Because of this word, the theory’s supporters claim, state legislatures have nearly unlimited power in that realm. But as Judge Luttig has noted, the theory has “literally no support” in the Constitution. To the contrary, the framers who wrote the Constitution were concerned that state legislatures had too much power, not too little. The text they wrote makes many references to the powers of those legislatures and of Congress, but it never says or implies that they are immune to review by the judicial branch.Second, the theory is based on bad history. The best evidence its supporters offer is a two-century-old document that has long been known to be fraudulent. Written in 1818 by Charles Pinckney of South Carolina, a founding father, it is purported to be a replica of the plan for government that he introduced three decades earlier at the Constitutional Convention. But what he submitted in 1818 was not the real deal. James Madison suspected this immediately, as have virtually all historians to examine it in the years since.When the theory’s supporters sought to claim that the practices of early state legislatures proved that their side should win, Justice Sonia Sotomayor responded, “Yes. If you rewrite history, it’s very easy to do.”Third, if the Supreme Court accepts this theory, it will create a logistical nightmare in states across the country. That’s because the theory applies only to federal elections, not state elections, in which state courts unquestionably have a role to play. As a result, there would be two sets of rules operating at the same time, one for federal elections and one for state elections. Chaos and confusion would reign.Most important, the Supreme Court has already implicitly rejected the theory many times over. In precedents stretching back decades, the court has made clear that state courts have the power to set limits on what lawmakers can do when it comes to federal elections. As recently as 2019, the court rejected a plea for it to stop the extreme partisan gerrymandering in North Carolina and other states. In doing so, Chief Justice John Roberts explained that this is exactly the role that state courts should play. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” he wrote.At Wednesday’s argument, Justice Samuel Alito appeared to reject that premise. He accused elected state court judges, like those in North Carolina, of being political actors themselves. “There’s been a lot of talk about the impact of this decision on democracy,” said Justice Alito, who has given openly partisan speeches to outside groups and voted consistently in alignment with Republican policy priorities. “Do you think that it furthers democracy to transfer the political controversy about districting from the legislature to elected supreme courts where the candidates are permitted by state law to campaign on the issue of districting?”Another way to appreciate the absurdity of the theory is to consider who has come out for and against it. On one side, a large and bipartisan group of judges, government officials, former lawmakers, leading historians and constitutional scholars from across the political spectrum have rejected it. These include a co-founder of the right-wing legal group the Federalist Society, the chief justices of all 50 states, multiple Republican former governors and secretaries of state and civil rights organizations.On the other side, you will find a far smaller and less bipartisan cast of characters — among them, the Republican National Committee, a group of Republican state attorneys general and John Eastman, a former law professor last seen helping Donald Trump plan an illegal and unconstitutional coup to stay in office (an act that has exposed Mr. Eastman to a real risk of criminal prosecution).That so many justices would take the theory seriously is bad enough. Three of them — Justices Alito, Neil Gorsuch and Clarence Thomas — appear to favor the independent state legislature theory, as they suggested in an opinion in an earlier stage of the case. Justice Brett Kavanaugh has also indicated his openness to it. It’s worse when the public trust in and approval of the court have fallen to historic lows, thanks largely to aggressively partisan recent opinions, as this board has argued.There’s an old saying that only close cases make it to the Supreme Court. If they weren’t close, they would have been resolved in the lower courts. But Moore v. Harper isn’t a remotely close case. A ruling for the North Carolina lawmakers would flood the federal courts with election litigation that normally plays out in the states, upending the balance of federalism that defines American government. That’s not a conservative result; it’s a dangerously radical one.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    North Carolina’s Governor Says a Fringe Claim Before the Supreme Court Would Upend Democracy

    Over the past six months, the United States Supreme Court has handed down one misguided ruling after another, stripping Americans of the constitutional right to an abortion, curtailing the regulation of guns and industrial emissions, and muddying the divide between church and state. The people have protested. They’ve organized. And in 2022, they voted.In Dobbs v. Jackson Women’s Health Organization, the June decision on abortion, the majority wrote that “women are not without electoral or political power.” That’s one thing they got right, and Republicans found that out the hard way in the November midterm elections that they expected to win big. Now, however, the very ability to exercise electoral and political power at the ballot box is hanging in the balance in a case the court is scheduled to hear on Wednesday.Moore v. Harper is a case from North Carolina that state and national Republicans are using to push an extreme legal premise known as the “independent state legislature theory.” While the United States Constitution delegates the authority to administer federal elections to the states, with Congress able to supersede those state decisions, proponents of this theory argue that state legislatures are vested with the exclusive power to run those elections. This view would leave no room for oversight by state courts and put the ability of governors to veto election-related legislation in doubt.The court’s decision on this alarming argument could fundamentally reshape American democracy. Four justices have suggested that they are sympathetic to the theory. If the court endorses this doctrine, it would give state legislatures sole power over voting laws, congressional redistricting, and potentially even the selection of presidential electors and the proper certification of election winners.Indeed, the North Carolina Supreme Court, in a decision earlier this year, said the theory that state courts are barred from reviewing a congressional redistricting plan was “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.”You can look to North Carolina to see the potential for dire consequences. In 2010, Republicans took over the state legislature in a midterm election. Since then, North Carolina has been ground zero for Republican attempts to manipulate elections. As the state’s attorney general and now governor since 2017, I’ve dealt with Republican legislative leaders as they advanced one scheme after another to manipulate elections while making it harder for populations they have targeted to vote.These schemes robbed voters from the start to the end of an election: a voter ID requirement so strict that a college ID from the University of North Carolina isn’t good enough. No same-day registration during early voting. No provisional ballots for voters who show up at the wrong precinct. Shorter early voting periods eliminated voting the Sunday before Election Day, a day when African American churches hold popular “souls to the polls” events.Fortunately, these measures were stopped in 2016 by the U.S. Court of Appeals for the Fourth Circuit, which described them as targeting African Americans “with almost surgical precision.”Republicans in the legislature have also gerrymandered districts in diabolical ways. In 2016, state Republicans drew a congressional redistricting map that favored Republicans 10-3. They did so, the Republican chairman of a legislative redistricting committee explained, “because I do not believe it’s possible to draw a map with 11 Republicans and two Democrats.”North Carolinians have relied on courts and my veto power as governor to foil many of these schemes. In 2022 a successful lawsuit in state court challenging a 2021 gerrymandered congressional map resulted in fair districts, splitting the state’s 14 districts (the state gained a district after the 2020 census) so that Democrats and Republicans each won seven seats in November’s elections. It seemed only right, given the nearly even divide between Democratic and Republican votes statewide. Republican efforts to avoid this result led to the Moore v. Harper appeal now before the Supreme Court.As recently as 2019, Chief Justice John Roberts wrote in a majority opinion on partisan gerrymandering claims in Maryland and North Carolina that state courts were an appropriate venue to hear such cases but that those claims were political issues beyond the jurisdiction of the federal courts. Retreating from that position on the role of state courts would be a shocking leap backward that would undermine the checks and balances established in state constitutions across the country.Republican leaders in the North Carolina state legislature have shown us how the elections process can be manipulated for partisan gain. And that’s what you can expect to see from state legislatures across the country if the court reverses course in this case.Our democracy is a fragile ecosystem that requires checks and balances to survive. Giving state legislatures unfettered control over federal elections is not only a bad idea but also a blatant misreading of the Constitution. Don’t let the past decade of North Carolina voting law battles become a glimpse into the nation’s future.Roy Cooper, a Democrat, has been the governor of North Carolina since 2017. He was previously elected to four terms as attorney general.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More