MONROE — With national attention on the race, a top conservative judge is campaigning across Wisconsin to win back a seat on the state Supreme Court. 

That race has a pair of conservatives and a pair of liberals heading to a primary Feb. 21. It will also determine the ideological arch of the court for years to come. And its been called among the most important elections in America in 2023.

The battle lines have been drawn over such weighty issues as redistricting, election law, the power of the state legislature; and the very idea of federalism.

“The Constitution belongs to the people of Wisconsin,” said former Supreme Court Justice Dan Kelly who, was appointed to the court by Gov. Scott Walker in 2016, then ran for re-election in 2020 but lost. 

Now he’s running again touting the brand of a “constitutional conservative,” and he spoke to the Monroe Times recently about the race. 

The other conservative on the non-partisan primary ballot is Waukesha County Judge Jennifer Dorrow, who made a name for herself as the no non-sense judge at the center of the Darrell Brooks Trial. Brooks was convicted of running over and killing pedestrians at a Christmas parade.

While those on the liberal side seek to invoke the constitution’s intent in lawmaking and enforcement, Kelly is among those who advocate for the law, as its written, conserving the original “public meaning” of the constitution.

It’s a key time for the court: Soon to be retired Justice Patience Roggensack is at the heart of the court’s 4-3 conservative majority. Thus, a single liberal victory would profoundly shift control of the court in what has been an increasingly purple state. Moreover, Wisconsin’s high court may soon hear challenges on one of the most consequential cases of all to many on both sides — the fate of the state’s 1849 ban on abortion in the wake of the U.S. Supreme Court ruling on Roe V. Wade. The stakes, he said, couldn’t be higher.

“Because of the close divide there are those out there firmly committed to achieving an activist court,” he said. “I’m running to make sure the court maintains a constitutional role.”

The upcoming election will determine which side has control of the court at least until 2025. And in addition to Kelly and Dorrow, the other candidates are Dane County Judge Everett Mitchell and Milwaukee County Judge Janet Protasiewicz. 

The top-two in the primary will advance to the April general election. And because the race is technically nonpartisan, two conservatives or two liberals could advance after the primary, although one candidate from both sides is considered the most likely scenario.

The non-partisan nature of the supreme court race can prove challenging on the campaign trail, said Kelly, who added it is vital to educate voters. But he wouldn’t have it any other way.

“There are no politics in the courts,” said Kelly. “Having partisan races would make it extremely difficult.”

While other states take on issues like gun control and bail reform, Kelly said Wisconsin is going the other direction, by expanding areas of the law in which cash bail can be used.

Kelly has a number of top endorsements, including from Waukesha County Sheriff Evin Severson. Said the sheriff, on Severson’s campaign web site: “Justice Kelly believes in upholding the rule of law and defending our constitutional republic from those who wish to terrorize our fellow citizens with violent crime and infringe on our inherent rights.”