Marquette law professor Ed Fallone announces run for state Supreme Court in 2020
Marquette law professor Ed Fallone on Wednesday confirmed the rumors that he would challenge Justice Daniel Kelly in the 2020 spring election for state Supreme Court.
Fallone, a constitutional scholar, ran unsuccessfully for the high court in 2013 against Chief Justice Patience Roggensack but said the 2020 election cycle seems the better time.
"With Justice (Shirley) Abrahamson retiring (in August), voters need to think about what she's meant, her ability to see the big picture and the courage to stand up when others would not," he said.
"I feel I can do that. I have broad experience in different kinds of law and a track record of speaking out on a non-partisan basis. I think I could be the person to try to fill her very big shoes."
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In 2013, Fallone's campaign was dogged by the criticism that he had never been a judge. As he notes, Kelly was never a judge before former Gov. Scott Walker appointed him to the high court in 2016.
Fallone said nothing in Kelly's experience or education made him a likely appointee, and that his work on the redistricting case for the Republican party won him the seat.
"And since he's been on the court, he's demonstrated those leanings in his rulings," Fallone said.
Fallone said because Kelly is perceived as vulnerable, he expects other challengers will announce runs in the coming months.
But first, there's the matter of Tuesday's election to fill Abrahamson's seat on the court. District II Court of Appeals colleagues Brian Hagedorn and Lisa Neubauer are in the final days of that campaign.
Hagedorn is seen as conservative, Neubauer as the more liberal candidate.
The current court is often seen as having a 4-3 conservative majority, with Abrahamson in the liberal camp and Kelly among the conservatives.
Fallone said the state's voters "are frustrated by candidates who try to play it safe, avoid any controversy or position. I'm hoping I can give positive reasons to support me."
He would be the first Latino to serve on the court, and the first ethnic minority since Justice Louis Butler lost to challenger Michael Gableman in 2008.
Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.