Judith Davidoff
Lindsay Folker
Lindsay Folker wore her “Dancing Janet” outfit to Janet Protasiewicz’s investiture.
The swearing-in ceremony of Janet Protasiewicz to the Wisconsin Supreme Court was full of pomp, circumstance and joy. The good vibes, however, were short-lived. The court has since been embroiled in ugly infighting against a backdrop of partisan attacks, signaling more dysfunction for the already dysfunctional court.
But on Aug. 1, Lindsay Folker headed to the state Capitol for Protasiewicz’s investiture to celebrate, unaware that controversy was already swirling over the firing of state courts director Randy Koschnick by the new liberal majority on the court. Folker had spent the month before April’s Supreme Court election appearing in TikTok videos as “Dancing Janet,” decked out in a black robe with white doily and carrying a gavel. In one TikTok that went viral, she and a few others canvassed lines at Madison bars to encourage young people to vote in the election, which pitted the liberal Protasiewicz against conservative Daniel Kelly, a former Supreme Court justice. “Everyone was dancing and having a great time,” she recalls. “It was fun energy.”
Created under the umbrella of wiproject72, a nonprofit advocacy organization, the videos drew on music, dancing and some goofing around to make voting look hip and fun, which was the point. They were also to drum up support for Protasiewicz.
Folker wore her robe and lace collar to the state Capitol for the swearing-in ceremony. She says her concern about the state’s gerrymandered electoral districts and lack of access to abortion were key reasons she supported Protasiewicz.
Being at the investiture, she says, “was a full circle moment; being able to see the work we had done.” Also, she had never met Protasiewicz and made it happen at the reception following the swearing-in ceremony. “She introduced me to her friends and her husband and we had a lot of laughs,” says Folker. “It was fun to meet the person I was impersonating.”
Protasiewicz won the April 4 election handily. She was clear about her values, including her support for abortion access, while Kelly maintained, despite appearances, he was free of ideological bias. In conceding, Kelly lashed out at Protasiewicz, calling her a “serial liar” and her campaign “deeply deceitful, dishonorable and despicable.”
At the investiture, there were only veiled references to the politicized election and the politicization of the court. Former Justice Janine Geske steered clear of the matter entirely, opting instead to give Protasiewicz such advice and encouragement as “Continue to be yourself.” Joseph Kearney, dean of the Marquette Law School where Protasiewicz received her law degree, declared he had stayed on the sidelines during the campaign.
Justice Ann Walsh Bradley, part of the progressive wing on the court, was the only speaker who alluded to the troubles and diminished status of the court in recent years, speaking of an earlier time when it was nationally respected under the leadership of the late former Chief Justice Shirley Abrahamson. “Our challenge — the challenge of the seven justices, all of us on the Supreme Court — is to work to enhance the public trust and confidence of the people in the judiciary and return this court to the national reputation that it once enjoyed,” Bradley said.
Protasiewicz pledged to deliver “justice and common sense” while serving on the court. “I am committed to protecting our freedoms and I’m committed to fairness and impartiality in our justice system. It’s not only what the people of Wisconsin expect, it’s what they deserve, and what the oath I have taken demands.”
But the behind-the-scenes firing of Koschnick was already making headlines. By week’s end, news broke that the new four-justice majority had drafted rules that would create a three-justice committee to run the court system and, in the process, minimize the power of Chief Justice Annette Ziegler, who is part of the conservative bloc on the court. Ziegler has since called the actions by the liberal justices “nothing short of an unprecedented coup” and said she would post a job listing for the director of the state courts system, even though the position has been filled.
And it’s gotten worse. Assembly Speaker Robin Vos has continued to threaten impeachment proceedings against Protasiewicz if she refuses to recuse herself from redistricting cases. During the campaign Protasiewicz called the state’s electoral boundaries “rigged” and said she would recuse herself from cases involving the Wisconsin Democratic Party because it funneled millions of dollars to her campaign.
So how does this all sit with Folker, 23, who worked so hard and was so invested in issues of redistricting and abortion?
Folker says she would prefer that policy preferences not be part of judicial campaigns but that “is not the world we’re living in.
“People need to be realistic about the state of our courts,” she adds.
Folker says that it would be “ridiculous” to argue that Republicans created “fair maps” during its redistricting process. Therefore, she says, “Anything toward a fair map is a win. Of course there is going to be pushback. But it seemed so hopeless for so long that really anything is a step forward. It’s still a victory to celebrate and a step in the right direction.”
Folker is soon heading to Washington, D.C., for a job with a small fundraising firm that raises money for Democratic candidates nationwide. She says she’s excited to take the momentum in Wisconsin with her. “Campaigning in Wisconsin is a whole different ball game,” she says. “To take that to a national level I think would be very exciting and useful.”
