On October 9, 2015, Gov. Scott Walker appointed Court of Appeals Judge Rebecca Bradley to fill the vacant open seat on the Wisconsin Supreme Court. This was the third time in three years that Walker appointed Bradley to a judicial seat. The Supreme Court vacancy was created by the death of Justice Patrick Crooks in September.

In 2012, Walker first appointed Bradley to the Milwaukee County Circuit Court, then to the state Court of Appeals in 2015. Her appointment to the Wisconsin Supreme Court in October solidifies the governor’s ties with Bradley — an issue her two opponents will most certainly use against her in the 2016 spring election for a full 10-year term. Bradley officially entered the race as a candidate in September, prior to her appointment by Gov. Walker in October.

There are currently three candidates running for Wisconsin Supreme Court in 2016: Court of Appeals Judge JoAnne Kloppenburg — who narrowly lost to Supreme Court Justice David Prosser in 2011, Milwaukee County Circuit Judge Joe Donald, and newly appointed Wisconsin Supreme Court Justice Rebecca Bradley. While voters will have to decide which candidates they prefer on the basis of their backgrounds, judicial philosophy and qualifications, it’s very likely that Bradley’s two opponents will use her Walker ties against her in their campaigns.

Immediately after Walker announced the appointment of Bradley to the open seat, JoAnne Kloppenburg released the following statement: “Governor Walker has made his pick for Supreme Court: this morning he appointed Rebecca Bradley. He’s now appointed her to three judicial positions in the last three years. The choice in this campaign could not be clearer: Governor Walker’s choice or the people’s choice. I am running to be the people’s choice for Supreme Court.” Candidate Joe Donald said, “Wisconsin doesn’t need a coronation; it needs a Supreme Court Justice who earns the support of Wisconsin voters.”

Walker’s appointment of Bradley to the open seat could change the political dynamics of the 2016 race in three ways:

• In the September Marquette Law School poll, Gov. Walker’s job approval stood at 37 percent — his lowest approval rating in five years. Will Walker’s low job approval rub off on candidate Rebecca Bradley next year? Or will voters decide Bradley is the “best qualified to be on the Wisconsin Supreme Court,” as Walker said?
• As the appointed “incumbent” in this election, will Bradley find it easier to raise money and gather important endorsements for her campaign? Supreme Court elections generally rely on big-name endorsements from major party officials and law enforcement organizations. Will incumbency prove to be an advantage in the 2016 race? Incumbents running for re-election to the Supreme Court have a 94 percent success rate in Wisconsin.
• Will politically active interest groups with business before the Supreme Court decide it’s better to fully engage in this election now that Bradley is a sitting justice? Or will they decide it’s in their own interest to keep a low profile while she takes part in decisions that could impact their cases one way or another?

Watch for more information on the 2016 Supreme Court race in the near future.

Joe Murray is Director of Political and Governmental Affairs for the WRA.