It’s important to note three significant facts. First, both court decisions — from the U.S. and Wisconsin Supreme Courts — are seen as being along partisan lines, with allies of Republicans refusing to delay the election. Second, because of the pandemic, the justices of neither of those courts actually met in person when discussing and voting on these cases — but they forced many people who wanted to vote, to vote in person. And third, every member of the Wisconsin Supreme Court had already voted early. They weren’t putting themselves at risk.

It’s my view that these decisions were wrong on the law, and they were wrong on process. We shouldn’t legislate from the bench. There was no time for full briefs or oral arguments and no time to fully examine the issues. The U.S. Supreme Court especially erred by writing into law a postmark requirement that it didn’t have the time to think through and that caused tremendous confusion in my state.

Most observers assume these last-minute decisions not only contributed to chaos, but also weren’t respectful of the law or a deliberate process. Even if one believed that the governor’s moves to postpone the election were wrong, it was incumbent on these courts to take the time to review the situation completely — instead of granting the governor only minutes to file a response to a lawsuit the day before an election.

I find it unconscionable that Wisconsin voters were forced to choose between their safety and having their voices heard in our democracy. The right to vote is fundamental to the American creed. Courts making partisan decisions, sending people out to vote in the middle of a pandemic, is exactly what’s wrong with a judiciary that has become too political, and I think a deliberate attempt to suppress the vote in Wisconsin.

On Election Day, my daughter and I set up on our back porch to field phone calls and text messages and to monitor the in-person voting. The pictures we viewed from across the state were gut-wrenching. Usually Milwaukee has 180 polling places, but because of the pandemic causing a lack of poll workers, only five were open. The entire city of Waukesha had one polling place. These consolidations meant thousands of voters were funneled into a handful of sites, some in masks, some wearing gloves, standing a few feet apart for blocks and blocks.

As we started to field calls and text messages a common theme appeared. People who had requested absentee ballots days and weeks earlier had not received their ballots. Because of the court rulings, each and every one of these voters had to make the excruciating decision between staying safe at home and voting amid a pandemic.

People were frustrated and outraged. The calls and the texts did not stop. My daughter cried.

In the end, my campaign was rewarded for our persistence and patience. But victory is bittersweet. It was unacceptable to hold an election under circumstances in which people were forced to choose between their safety and voting. It disenfranchised countless people and raised serious concerns for the future of our democracy.

It can never happen again. Now, more than ever, we need to instill confidence in our institutions. I hope I’ll be judged on following the law, not the party line.

Jill J. Karofsky is a justice-elect of the Wisconsin Supreme Court.

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