All eyes in the United States were on two very distant, very different states this week, where important and even decisive elections were held: Florida and Wisconsin. The first, although extraordinary, falls into the category of usual. Despite citizens going to the polls on November 5 to renew the 435 seats in the House of Representatives, Donald Trump's decision to appoint two congressmen, Matt Gaetz (later disgraced and forced to resign) and Mike Waltz, to his government forced special elections to fill their vacancies. It should have been a formality, as the Republican victory in those districts was overwhelming, by up to 30 points. But so much has happened in recent months that the appointment became a first test of the strength of Trumpism and the reaction options of a Democratic Party in technical knockout. And the result is significant: the Republicans retain both seats, but they have lost half of their margin.
However, the one that grabbed headlines and investigations is the other, much more atypical, in which Wisconsin has chosen a key position to renew its Supreme Court, which is not appointed but elected. Until now, the progressive side, or liberal as the left is called in the United States, had a majority of five to four, but that could change, and that is why it has become the most expensive judicial contest in the country's history. A battle of almost $100 million in which Elon Musk, the world's richest man, has once again played a leading role. And he has been defeated in what many in the state have considered a kind of referendum on his person and his work.
The conservative Brad Schimel and the progressive Susan Crawford were vying for the state Supreme Court seat. Only Musk and a group of like-minded millionaires have spent over $25 million, funding an unprecedented campaign in terms of scale, involvement, and impact. The businessman was at a lengthy rally this Sunday in Green Bay, and his operation has hired firms whose specialists campaign door-to-door among citizens who voted for Trump to convince them to get involved. The owner of Tesla and X has even given million-dollar checks to several individuals in a controversial draw, similar to what he did during the elections, which could violate federal laws.
But none of that was enough. Crawford clearly prevailed, by more than 10 points, and Schimel quickly accepted defeat and congratulated his rival, amid boos from his supporters. "Today, the people of Wisconsin repelled an unprecedented attack on our democracy, our fair elections, and our Supreme Court," said Judge Crawford in her victory speech on Tuesday night, who has been the target of attacks by the world's richest man in recent weeks. "Wisconsin stood up and loudly declared that justice is priceless. Our courts are not for sale," she concluded to applause from her supporters at the celebration party, indistinguishable from that of any politician or party.
The goal goes far beyond Wisconsin, although for the Republican Party, it is an important battle involving abortion rights, voting restrictions for 2028 in a swing state, and controls over a state legislature they already dominate. The same goes for the Democrats, who are hopeful that Crawford's victory will pave the way for the state Supreme Court's approval of a district redesign, potentially allowing progressive candidates to defeat one or two Republican congressmen in 2026.
But beyond politics, and the narrative the opposition wants to build, the Wisconsin battle is above all a new step in the judicial crusade led by the Trump administration and co-president Musk.
The courts are the only ones holding back the overwhelming wave of executive orders coming from the White House. From firing officials to shutting down agencies, from transgender rights to citizenship, from mass deportations to environmental, financial, or health regulations. There are four dozen disputed cases, a historic record that has angered the president and his team, who attack judges, talk about impeachments or political trials of judges, or openly flirt with the idea of disobeying orders from federal and district judges, to see what they can do to prevent it.
It is a frontal and brutal clash, with posters of suspect judges in the offices of Republican politicians across the country, threats, attacks in the media or on social networks, targeting judges or their families. With the Department of Justice leading a legal revolution to demand almost total powers for the Executive and speculations about unprecedented ways to avoid its control. Changes in the rules of the so-called federal circuits, invoking the prerogatives of the 1934 Enabling Act to modify federal rules on mandates. Appealing to the Supreme Court. And even, in the most extreme case, bypassing it.
This is what Trump does time and time again, hinting at the idea of a third term, something that theoretically the Constitution has prohibited since the mid-20th century. There is a group of lawmakers who want to force the Supreme Court to reinterpret the 22nd Amendment to understand that the term limit is not for the total number but for consecutive terms. Or, as Trump himself admitted over the weekend, challenging the literal meaning and 250 years of interpretation, since the Constitution states that a person cannot be elected more than twice to the office. But if he were to run as vice president, and the chosen president resigned in his favor, there would be a backdoor to the White House.
This Tuesday, two subcommittees of the House Judiciary Committee held sessions to examine ways to limit the power of the courts, including restrictions on judicial mandates. The chairman of the House Judiciary Committee, Jim Jordan (Republican from Ohio), has urged his colleagues to use funding laws to restrict judges' use of mandates to halt the implementation of President Trump's executive orders. And speakerMike Johnson has gone even further. "We have authority over the federal courts. We can eliminate an entire district court. We have the power to fund the courts and everything else," Johnson told the press a few days ago. "Desperate times call for desperate measures, and Congress will act," he warned.