Daniel Kelly (Wisconsin judge)

Born in Santa Barbara, California, Kelly grew up in Arvada, Colorado. He moved to Waukesha, Wisconsin, in 1982 to attend Carroll College, where he graduated in 1986 with degrees in political science and Spanish.{{cite web|first=Dave|last=Daley|url=https://www.badgerinstitute.org/diggings/taking-a-seat-a-profile-of-daniel-kelly/|publisher=Badger Institute|title=Taking a seat: A profile of Daniel Kelly|date=October 18, 2017|access-date=November 1, 2022|archive-date=November 1, 2022|archive-url=https://web.archive.org/web/20221101232435/https://www.badgerinstitute.org/diggings/taking-a-seat-a-profile-of-daniel-kelly/|url-status=live}} He attended the evangelical Christian Regent University School of Law, where he was founding editor-in-chief of the law review,{{cite web|url=https://www.regent.edu/news-events/regent-university-school-law-alumnus-selected-supreme-court-wisconsin/|title=Regent University School of Law Alumnus Selected to Supreme Court of Wisconsin|date=November 22, 2016|access-date=June 27, 2019|archive-date=June 27, 2019|archive-url=https://web.archive.org/web/20190627210442/https://www.regent.edu/news-events/regent-university-school-law-alumnus-selected-supreme-court-wisconsin/|url-status=live}} graduating in 1991.{{Cite web |title=Taking a seat: A profile of Daniel Kelly |url=https://www.badgerinstitute.org/diggings/taking-a-seat-a-profile-of-daniel-kelly/ |access-date=March 1, 2023 |website=Badger Institute |language=en-US |archive-date=November 1, 2022 |archive-url=https://web.archive.org/web/20221101232435/https://www.badgerinstitute.org/diggings/taking-a-seat-a-profile-of-daniel-kelly/ |url-status=live }}

After law school, Kelly clerked for Wisconsin Court of Appeals judge Ralph Adam Fine for one year, then for the United States Court of Federal Claims for four years.

From 1998 to 2013, Kelly worked as a litigator at Reinhart Boerner Van Deuren, a law firm headquartered in Milwaukee. While there, he represented a variety of corporate and political clients. In 1999, he represented University of Wisconsin student Scott Southworth in Board of Regents of the University of Wisconsin System v. Southworth, a United States Supreme Court case regarding the constitutionality of mandatory student activity fees to fund activist groups at public universities.{{cn|date=April 2023}} Later in his private practice career, he represented Republicans in the Wisconsin Legislature in lawsuits over the 2010 legislative redistricting in Wisconsin.{{cite web|url= https://archive.jsonline.com/news/statepolitics/scott-walker-to-name-high-court-pick-friday-b99766044z1-387934322.html/|title= Scott Walker names Daniel Kelly to High Court|access-date= November 8, 2022|archive-date= November 8, 2022|archive-url= https://web.archive.org/web/20221108081839/https://archive.jsonline.com/news/statepolitics/scott-walker-to-name-high-court-pick-friday-b99766044z1-387934322.html/|url-status= live}}

Kelly left Reinhart in 2013 to serve as vice president and General Counsel for the Kern Family Foundation, a conservative nonprofit in Waukesha County.

In 2014, he left the Kern Family Foundation to co-found a private practice firm, Rogahn Kelly, LLC. He stayed there until his appointment to the Wisconsin Supreme Court.

After the announcement of the nearing retirement of Justice David Prosser Jr., in 2016, Kelly was appointed by Governor Scott Walker to serve as a justice of the Wisconsin Supreme Court. Under Wisconsin law, the seat would come up for election on the next spring election when no other Wisconsin Supreme Court seat was up for election.{{cite web |author= |url=http://fox6now.com/2016/07/22/gov-walker-to-announce-wisconsin-supreme-court-appointee/ |title=Gov. Scott Walker appoints attorney Dan Kelly to Wisconsin Supreme Court |website=FOX6Now.com |date=July 22, 2016 |accessdate=December 10, 2016 |archive-date=July 25, 2016 |archive-url=https://web.archive.org/web/20160725184801/http://fox6now.com/2016/07/22/gov-walker-to-announce-wisconsin-supreme-court-appointee/ |url-status=live }} At the time, Walker received criticism for selecting a Justice with no prior judicial experience who held the fringe view that affirmative action was comparable to slavery.{{Cite web |last=Lueders |first=Bill |date=June 30, 2016 |title=Too extreme to be Supreme? |url=https://isthmus.com/api/content/cc728028-3e42-11e6-b102-120dcefc1e29/ |access-date=March 1, 2023 |website=Isthmus {{!}} Madison, Wisconsin |language=en-us |archive-date=March 8, 2023 |archive-url=https://web.archive.org/web/20230308194553/https://isthmus.com/news/news/extreme-finalists-for-wisconsin-state-supreme-court/ |url-status=live }} Justice Kelly ran for a full term on the court when it came up for election in 2020, but was defeated by current Wisconsin Circuit Court judge Jill Karofsky. Justice Kelly's term in office ended July 31, 2020.{{Cite news|last=Epstein|first=Reid J.|url=https://www.nytimes.com/2020/04/13/us/politics/wisconsin-primary-results.html|title=Jill Karofsky Wins Wisconsin Supreme Court Race in a Boost for Liberals|date=April 13, 2020|newspaper=The New York Times|access-date=April 14, 2020|language=en-US|issn=0362-4331|archive-date=April 14, 2020|archive-url=https://web.archive.org/web/20200414003020/https://www.nytimes.com/2020/04/13/us/politics/wisconsin-primary-results.html|url-status=live}}

In a 2017 case, Kelly wrote for a 5–2 majority holding that the City of Madison is forbidden under state statute from banning passengers from carrying firearms on city buses.{{cite news |url= https://www.jsonline.com/story/news/blogs/proof-and-hearsay/2017/03/07/court-oks-guns-madison-buses/98824034/ |title= Wisconsin Supreme Court approves passengers carrying guns on Madison buses |newspaper= Milwaukee Journal Sentinel |date= March 7, 2017 |first= Bruce |last= Vielmatti |accessdate= November 2, 2022 |archive-date= December 1, 2021 |archive-url= https://web.archive.org/web/20211201122853/https://www.jsonline.com/story/news/blogs/proof-and-hearsay/2017/03/07/court-oks-guns-madison-buses/98824034/ |url-status= live }}

In a landmark 2018 administrative law case, Kelly wrote the Court's lead opinion, which held that the Court would no longer follow the practice of judicial deference to agencies' interpretations of their own rules in Wisconsin.{{cite web |url=https://wislawjournal.com/2018/10/09/end-of-an-age-courts-halt-deference-to-agencies-conclusions-of-law/ |title=End of an age: Courts halt deference to agencies' conclusions of law |date=October 9, 2018 |access-date=November 2, 2022 |archive-date=November 2, 2022 |archive-url=https://web.archive.org/web/20221102160124/https://wislawjournal.com/2018/10/09/end-of-an-age-courts-halt-deference-to-agencies-conclusions-of-law/ |url-status=live }}

During his time on the Wisconsin Supreme Court, Kelly came under fire for not recusing himself from multiple cases that involved organizations with which he had close ties. As one example, in the days immediately preceding the decision Koschkee v. Taylor, Kelly received $1,000 contributions from board members of the non-profit conservative law firm, Wisconsin Institute for Law and Liberty, that was representing the petitioners in Koschkee v. Taylor.{{Cite web |title=What Price Justice, Dan Kelly? |url=https://onewisconsinnow.org/what-price-justice-dan-kelly/ |access-date=March 1, 2023 |website=One Wisconsin Now |language=en-US |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012452/https://onewisconsinnow.org/what-price-justice-dan-kelly/ |url-status=live }} Kelly would ultimately join the majority opinion that ruled in favor of the Petitioners.{{Cite web |title=Koschkee v. Taylor |url=https://law.justia.com/cases/wisconsin/supreme-court/2019/2017ap002278-oa.html |access-date=March 1, 2023 |website=Justia Law |language=en |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012453/https://law.justia.com/cases/wisconsin/supreme-court/2019/2017ap002278-oa.html |url-status=live }}

Kelly also opposed a petition brought by over 50 retired Wisconsin judges to strengthen standards on when judges should remove themselves from cases because of a conflict of interest.{{Cite web |last=Bourdo |first=Ellie |date=February 22, 2023 |title=A Better Wisconsin Together: Dan Kelly's extremism on abortion, corruption runs deep |url=https://www.wispolitics.com/2023/a-better-wisconsin-together-dan-kellys-extremism-on-abortion-corruption-runs-deep |access-date=March 1, 2023 |website=WisPolitics |language=en-US |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012452/https://www.wispolitics.com/2023/a-better-wisconsin-together-dan-kellys-extremism-on-abortion-corruption-runs-deep |url-status=live }}

{{main|2020 Wisconsin elections#State Supreme Court}}

On May 28, 2019, Kelly officially announced his intent to run for a full ten-year term on the Wisconsin Supreme Court. He faced two opponents in the race, Marquette University Law School professor Ed Fallone and Dane County Circuit Court judge Jill Karofsky.{{cite web|url= https://captimes.com/news/local/govt-and-politics/dan-kelly-launches-campaign-for-wisconsin-supreme-court/article_4240da04-6df6-5aed-8013-ac0e02cdb834.html|title= Dan Kelly launches campaign for Wisconsin Supreme Court|first= Briana|last= Reilly|date= May 28, 2019|access-date= November 2, 2022|archive-date= November 2, 2022|archive-url= https://web.archive.org/web/20221102191918/https://captimes.com/news/local/govt-and-politics/dan-kelly-launches-campaign-for-wisconsin-supreme-court/article_4240da04-6df6-5aed-8013-ac0e02cdb834.html|url-status= live}} He came in first in the February primary, but lost the April general election to Karofsky.{{cite web|url= https://www.jsonline.com/story/news/politics/elections/2020/04/13/wisconsin-supreme-court-election-results-daniel-kelly-vs-jill-karofsky-conservative-liberal/2983933001/|title= Liberal Jill Karofsky wins Wisconsin Supreme Court election, defeating conservative justice Daniel Kelly|access-date= November 2, 2022|archive-date= November 2, 2022|archive-url= https://web.archive.org/web/20221102192609/https://www.jsonline.com/story/news/politics/elections/2020/04/13/wisconsin-supreme-court-election-results-daniel-kelly-vs-jill-karofsky-conservative-liberal/2983933001/|url-status= live}}

After losing the 2020 Wisconsin Supreme Court election, Kelly joined a conservative nonprofit, the Institute for Reforming Government, as a senior fellow in constitutional governance.{{cite web |url=https://wislawjournal.com/2020/10/22/former-justice-dan-kelly-joins-institute-for-reforming-government/ |title=Former Justice Dan Kelly joins Institute for Reforming Government |date=October 22, 2020 |access-date=November 2, 2022 |archive-date=November 2, 2022 |archive-url=https://web.archive.org/web/20221102160121/https://wislawjournal.com/2020/10/22/former-justice-dan-kelly-joins-institute-for-reforming-government/ |url-status=live }} While there, he was the author of the "Lawmaker's Manual for Executive Oversight," a guide for Wisconsin legislators to use their investigatory committee powers to hold executive branch officials accountable.{{cite web |url= https://reforminggovernment.org/irg-justice-daniel-kelly-launch-oversight-manual-to-help-legislature-hold-executive-branch-accountable/ |title= IRG, Justice Daniel Kelly Launch Oversight Manual to Help Legislature Hold Executive Branch Accountable |date= August 26, 2021 |access-date= November 2, 2022 |archive-date= November 2, 2022 |archive-url= https://web.archive.org/web/20221102160122/https://reforminggovernment.org/irg-justice-daniel-kelly-launch-oversight-manual-to-help-legislature-hold-executive-branch-accountable/ |url-status= live }}

Since leaving the Wisconsin Supreme Court, Kelly has been vocal in his criticism of his former colleague, conservative justice Brian Hagedorn, for breaking with the court's conservative majority on several decisions. Kelly accused Hagedorn of considering the political implications of his rulings instead of "following what the law says".{{cite web|url= https://www.jsonline.com/story/news/politics/2022/04/28/daniel-kelly-calls-brian-hagedorn-supremely-unreliable-justice-wisconsin-supreme-court/9569878002/|title= Ex-Justice Daniel Kelly calls Brian Hagedorn 'supremely unreliable' as he considers pursuing a return to Wisconsin's high court|access-date= November 2, 2022|archive-date= March 8, 2023|archive-url= https://web.archive.org/web/20230308194552/https://www.jsonline.com/restricted/?return=https%3A%2F%2Fwww.jsonline.com%2Fstory%2Fnews%2Fpolitics%2F2022%2F04%2F28%2Fdaniel-kelly-calls-brian-hagedorn-supremely-unreliable-justice-wisconsin-supreme-court%2F9569878002%2F|url-status= live}}

Kelly was paid $120,000 by the Wisconsin State Republican Party and the Republican National Committee as an attorney who worked on election issues in 2020 after his term with the Wisconsin Supreme Court ended.{{Cite web |title=Wisconsin Supreme Court candidate Kelly worked for Republican Party in 2020 |url=https://pbswisconsin.org/news-item/wisconsin-supreme-court-candidate-kelly-worked-for-republican-party-in-2020/ |access-date=February 27, 2023 |website=PBS Wisconsin |language=en-US |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227192015/https://pbswisconsin.org/news-item/wisconsin-supreme-court-candidate-kelly-worked-for-republican-party-in-2020/ |url-status=live }} In the weeks following the 2020 presidential election, he provided legal counsel to the Wisconsin GOP to overturn the 2020 election.{{Cite web |title=Trump ally with ties to Wisconsin Supreme Court race |url=https://www.nbcnews.com/politics/elections/daniel-kelly-wisconsin-supreme-court-trump-fake-electors-rcna71276 |access-date=February 27, 2023 |website=NBC News |date=February 22, 2023 |language=en |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227210823/https://www.nbcnews.com/politics/elections/daniel-kelly-wisconsin-supreme-court-trump-fake-electors-rcna71276 |url-status=live }} Former Wisconsin Republican Party Chairman Andrew Hitt said in a deposition that he and Kelly had "pretty extensive conversations" about the illegal fake elector scheme in Wisconsin that was one of the well-known attempts to overturn the 2020 United States presidential election.{{Cite web |last=Hasen |first=Rick |date=February 17, 2023 |title="Bice: Supreme Court candidate Daniel Kelly was paid $120,000 by Republicans to work on 'election integrity,' advise on fake electors" #ELB |url=https://electionlawblog.org/?p=134777 |access-date=February 27, 2023 |website=Election Law Blog |language=en-US |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227192017/https://electionlawblog.org/?p=134777 |url-status=live }}

{{main|2023 Wisconsin Supreme Court election}}

In September 2022, Kelly announced that he would run for retiring justice Patience D. Roggensack's seat on the Wisconsin Supreme Court.{{cite web|url= https://pbswisconsin.org/news-item/former-wisconsin-supreme-court-justice-dan-kelly-running-in-2023-election/|title= Former Wisconsin Supreme Court Justice Dan Kelly running in 2023 election|access-date= November 2, 2022|archive-date= November 2, 2022|archive-url= https://web.archive.org/web/20221102160120/https://pbswisconsin.org/news-item/former-wisconsin-supreme-court-justice-dan-kelly-running-in-2023-election/|url-status= live}} He faced three opponents in the race, conservative Waukesha County Circuit Judge Jennifer Dorow and two liberal candidates, Milwaukee County Circuit Judge Janet Protasiewicz and Dane County Circuit Judge Everett Mitchell.{{Cite web |title=Wisconsin Supreme Court candidate Kelly worked for Republican Party in 2020 |url=https://pbswisconsin.org/news-item/wisconsin-supreme-court-candidate-kelly-worked-for-republican-party-in-2020/ |access-date=February 27, 2023 |website=PBS Wisconsin |language=en-US |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227192015/https://pbswisconsin.org/news-item/wisconsin-supreme-court-candidate-kelly-worked-for-republican-party-in-2020/ |url-status=live }} Kelly came in second in the February 2023 primary, advancing to the general election against Protasiewicz, which took place on April{{nbsp}}4, 2023.{{Cite news |date=February 21, 2023 |title=Wisconsin State Supreme Court Primary Election |language=en-US |work=The New York Times |url=https://www.nytimes.com/interactive/2023/02/21/us/elections/results-wisconsin-supreme-court.html |access-date=February 27, 2023 |issn=0362-4331 |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227192014/https://www.nytimes.com/interactive/2023/02/21/us/elections/results-wisconsin-supreme-court.html |url-status=live }}

Leading up to the February primary election, Kelly received financial support from influential political donors Richard and Elizabeth Uihlein,{{Cite news |last1=Justin |first1=Elliott |first2=Megan |last2=O'Matz |first3=Doris |last3=Burke |title=That Cardboard Box in Your Home Is Fueling Election Denial |url=https://www.propublica.org/article/uline-uihlein-election-denial |access-date=February 27, 2023 |website=ProPublica |language=en |archive-date=February 28, 2023 |archive-url=https://web.archive.org/web/20230228205841/https://www.propublica.org/article/uline-uihlein-election-denial |url-status=live }} with Fair Courts America, the Super PAC largely bankrolled by the Uihleins, having spent $1.8 million on ads supporting Kelly, and an additional $40,000 of political contributions made to Kelly's campaign by the Uihleins.{{Cite news |last1=Pilkington |first1=Ed |last2=Levine |first2=Sam |date=February 21, 2023 |title=In Wisconsin's supreme court race, a super-rich beer family calls the shots |language=en-GB |work=The Guardian |url=https://www.theguardian.com/us-news/2023/feb/21/wisconsin-supreme-court-primary-election-uihlein-family-campaign-finance |access-date=February 27, 2023 |issn=0261-3077 |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227192017/https://www.theguardian.com/us-news/2023/feb/21/wisconsin-supreme-court-primary-election-uihlein-family-campaign-finance |url-status=live }}

Despite having taken no public stance on the constitutionality of Wisconsin's existing 1849 law that bans abortion in all cases except for when abortion is performed to save the life of the mother,{{Cite web |last=Dohms-Harter |first=Elizabeth |date=June 4, 2022 |title=Wisconsin faces a 'tangled series' of abortion laws dating back to 1849 as it heads into a possible post-Roe future |url=https://www.wpr.org/wisconsin-faces-tangled-series-abortion-laws-dating-back-1849-it-heads-possible-post-roe-future |access-date=March 1, 2023 |website=Wisconsin Public Radio |language=en |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012452/https://www.wpr.org/wisconsin-faces-tangled-series-abortion-laws-dating-back-1849-it-heads-possible-post-roe-future |url-status=live }} Kelly had also been endorsed by Wisconsin Right to Life, Wisconsin Family Action and Pro-Life Wisconsin, three anti-abortion groups.{{Cite web |last=BAUER |first=SCOTT |date=February 27, 2023 |title=Work for anti-abortion group issue in Wisconsin court race |url=https://www.sfgate.com/news/politics/article/work-for-anti-abortion-group-issue-in-wisconsin-17808627.php |access-date=March 1, 2023 |website=SFGATE |language=en-US |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012451/https://www.sfgate.com/news/politics/article/work-for-anti-abortion-group-issue-in-wisconsin-17808627.php |url-status=live }}

Ellen Brostrom, Milwaukee County circuit judge and Roggensack's daughter, opined an article in the Milwaukee Journal Sentinel criticizing Kelly's fitness to serve on the court and endorsing Janet Protasiewicz.{{cite news|url= https://www.jsonline.com/story/opinion/2023/03/27/democracy-is-at-risk-by-sending-dan-kelly-to-wisconsin-supreme-court/70039044007/ |title= Dan Kelly's role in conspiracy to overturn 2020 election makes him unfit to serve on Wisconsin Supreme Court |first= Ellen |last= Brostrom |date= March 27, 2023 |newspaper= Milwaukee Journal Sentinel |accessdate= January 17, 2024}}

Following his loss to Protasiewicz, Kelly refused to call Protasiewicz to formally concede the race. Instead, he called Protasiewicz "not{{nbsp}}... a worthy opponent to which I can concede". Kelly added that he believed Protasiewicz was a "serial liar", her campaign was "dishonorable and despicable", and she had "demeaned the judiciary".{{Cite web |last=Schulte |first=Laura |date=April 23, 2023 |title=Dan Kelly calls Wisconsin Supreme Court winner Janet Protasiewicz a 'serial liar' as he lashes out in his concession speech |url=https://www.jsonline.com/story/news/politics/elections/2023/04/04/dan-kelly-gives-bitter-speech-after-loss-to-janet-protasiewicz/70082758007/ |access-date=April 5, 2023 |website=Milwaukee Journal-Sentinel |language=en-US}}{{cite news |last1=Beck |first1=Molly |last2=Hess |first2=Corrinne |last3=Schulte |first3=Laura |title=Liberal Janet Protasiewicz declared winner over conservative Dan Kelly in closely watched Wisconsin Supreme Court race |url=https://www.jsonline.com/story/news/politics/2023/04/04/wisconsin-supreme-court-election-results-2023-janet-protasiewicz-daniel-kelly/70052928007/ |work=Milwaukee Journal Sentinel |date=April 4, 2023}} The day after this speech, local political columnist Daniel Bice opined that there was "no bigger or sorer [election] loser" than Kelly. Bice added that Kelly's legacy in Wisconsin would now focus on his being "the first Republican to put two liberals on the state Supreme Court single-handedly."{{Cite news |last=Bice |first=Daniel |date=2023-04-05 |title=Bice: Who were the biggest winners and (sore) losers in Wisconsin's elections Tuesday? We've got the list. |work=Milwaukee Journal Sentinel |url=https://www.jsonline.com/story/news/politics/elections/2023/04/05/wisconsin-elections-tuesdays-biggest-winners-and-sore-losers/70084115007/ |access-date=2023-04-05 |url-access=subscription}}

Kelly is a Christian.{{cite web |last1=Daley |first1=Dave |title=Taking a seat: A profile of Daniel Kelly |url=https://www.badgerinstitute.org/diggings/taking-a-seat-a-profile-of-daniel-kelly/ |website=Badger Institute |access-date=April 4, 2023}} Kelly is married to Elisa Kelly, whom he met during their time together as students at Carroll University. They have five children and reside in North Prairie, Wisconsin.

After President Obama's 2012 re-election win, Kelly said his re-election was a win for the "socialism/same-sex marriage/recreational marijuana/tax increase crowd."{{Cite web|title=As election nears, COVID-19 pandemic highlights judicial style of Supreme Court candidates|url=https://madison.com/news/local/govt-and-politics/as-election-nears-covid-19-pandemic-highlights-judicial-style-of-supreme-court-candidates/article_2cd76aa4-4d13-5f73-bed9-e29e68888b3d.html|last=Journal|first=Riley Vetterkind {{!}} Wisconsin State|website=madison.com|date=March 29, 2020 |language=en|access-date=May 5, 2020|archive-date=May 19, 2020|archive-url=https://web.archive.org/web/20200519114231/https://madison.com/news/local/govt-and-politics/as-election-nears-covid-19-pandemic-highlights-judicial-style-of-supreme-court-candidates/article_2cd76aa4-4d13-5f73-bed9-e29e68888b3d.html|url-status=live}} Kelly has likened Social Security to slavery. He has argued that U.S. Supreme Court's decision in Obergefell v. Hodges (2015), which ruled that bans on same-sex marriage were unconstitutional, was illegitimate. In 2014, Kelly wrote that slavery and affirmative action both "spring from the same taproot" and that "neither can exist without the foundational principle that it is acceptable to force someone into an unwanted economic relationship."{{Cite web|title=Supreme Court Justice Daniel Kelly seeks 10-year term on court|url=https://www.jsonline.com/story/news/politics/elections/2019/05/28/supreme-court-justice-daniel-kelly-seeks-10-year-term-court/1256823001/|last=Beck|first=Molly|website=Milwaukee Journal Sentinel|language=en|access-date=May 5, 2020|archive-date=December 1, 2020|archive-url=https://web.archive.org/web/20201201153800/https://www.jsonline.com/story/news/politics/elections/2019/05/28/supreme-court-justice-daniel-kelly-seeks-10-year-term-court/1256823001/|url-status=live}} Kelly is also considered staunchly anti-abortion, after a 2012 blog post where he described abortion, at any stage of the pregnancy, to "the taking of human life."{{Cite web |agency=Associated Press |title=Kelly's work for anti-abortion group issue in Wisconsin court race |url=https://www.nbc15.com/2023/02/27/kellys-work-anti-abortion-group-issue-wisconsin-court-race/ |access-date=March 1, 2023 |website=www.nbc15.com |date=February 27, 2023 |language=en |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301012454/https://www.nbc15.com/2023/02/27/kellys-work-anti-abortion-group-issue-wisconsin-court-race/ |url-status=live }}

In his application to be Governor Walker's nominee to the Wisconsin Supreme Court in 2016, he wrote that the best U.S. Supreme Court decision of the prior 30 years was United States v. Lopez (1995) and that the worst decision was Kelo v. City of New London (2005).{{Cite web |date=February 12, 2020 |title=Walker's Judges: Daniel Kelly |url=http://www.wjiinc.org/blog/walkers-judges-daniel-kelly |access-date=January 11, 2023 |website=Wisconsin Justice Initiative |archive-date=January 11, 2023 |archive-url=https://web.archive.org/web/20230111081044/http://www.wjiinc.org/blog/walkers-judges-daniel-kelly |url-status=live }} In his 2023 bid for a seat on the Court, he reiterated his view that Kelo was wrongly decided.{{cite tweet |last=Hess |first=Corri |user=CorriHess |number=1612518816692723712 |date=January 9, 2023 |title=WI Supreme Court Justice candidate Dan Kelly cites U.S. Supreme Court 2005 eminent domain Kelo case as the worst decision. Interesting note: the Village of Mount Pleasant leaned on this when taking homes to make way for #Foxconn development. |language=en |access-date=January 16, 2023}}

{{Election box begin no change | title=Wisconsin Supreme Court Election, 2020{{cite report |url= https://elections.wi.gov/sites/elections.wi.gov/files/Canvass%20Results_spring%20primary_2_18_20_0.pdf |title= Canvass Results for 2020 Spring Primary |date= February 18, 2020 |publisher= Wisconsin Elections Commission |accessdate= March 10, 2020 |page= 1 |archive-date= June 15, 2020 |archive-url= https://web.archive.org/web/20200615174546/https://elections.wi.gov/sites/elections.wi.gov/files/Canvass%20Results_spring%20primary_2_18_20_0.pdf |url-status= dead }}}}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| Primary Election, February 18, 2020

{{Election box winning candidate with party link no change

|party = Nonpartisan politician

|candidate = Daniel Kelly (incumbent)

|votes = 352,876

|percentage = 50.04%

}}

{{Election box winning candidate with party link no change

|party = Nonpartisan politician

|candidate = Jill J. Karofsky

|votes = 261,783

|percentage = 37.13%

}}

{{Election box candidate with party link no change

|party = Nonpartisan politician

|candidate = Ed Fallone

|votes = 89,184

|percentage = 12.65%

}}

{{Election box candidate with party link no change

|party = N/a

|candidate = Scattering

|votes = 1,295

|percentage = 0.18%

}}

{{Election box total no change

|votes = 705,138

|percentage = 100.0%

}}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, April 7, 2020{{cite report |url= https://elections.wi.gov/sites/default/files/legacy/Canvass%2520Results%2520Summary_spring%2520election%2520all%2520contests_4_7_2020.pdf |title= Canvass Results for 2020 Spring Election and Presidential Preference Vote - 4/7/2020 |publisher= Wisconsin Elections Commission |page= 2 |date= May 4, 2020 |accessdate= February 22, 2023 |archive-date= February 22, 2023 |archive-url= https://web.archive.org/web/20230222071825/https://elections.wi.gov/sites/default/files/legacy/Canvass%2520Results%2520Summary_spring%2520election%2520all%2520contests_4_7_2020.pdf |url-status= live }}

{{Election box winning candidate with party link no change

|party = Nonpartisan politician

|candidate = Jill J. Karofsky

|votes = 855,573

|percentage = 55.21%

}}

{{Election box candidate with party link no change

|party = Nonpartisan politician

|candidate = Daniel Kelly (incumbent)

|votes = 693,134

|percentage = 44.73%

}}

{{Election box candidate with party link no change

|party = N/a

|candidate = Scattering

|votes = 990

|percentage = 0.06%

}}

{{Election box total no change

|votes = 1,549,075

|percentage = 100.0%

}}

{{Election box end}}

{{Election box begin | title=Wisconsin Supreme Court Election, 2023{{cite report|url= https://elections.wi.gov/sites/default/files/documents/Canvass%20Results_Spring%20Primary_2_21_23.pdf |title= Canvass Results for 2023 Spring Primary - 2/21/2023 |date= March 6, 2023 |publisher= Wisconsin Elections Commission |pages= 1–2 |accessdate= March 7, 2023 }} }}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| Primary Election, February 21, 2023

{{Election box winning candidate with party link

|party = Nonpartisan politician

|candidate = Janet Protasiewicz

|votes = 446,403

|percentage = 46.42%

|change =

}}

{{Election box winning candidate with party link

|party = Nonpartisan politician

|candidate = Daniel Kelly

|votes = 232,751

|percentage = 24.20%

|change = -25.84%

}}

{{Election box candidate with party link

|party = Nonpartisan politician

|candidate = Jennifer Dorow

|votes = 210,100

|percentage = 21.85%

|change =

}}

{{Election box candidate with party link

|party = Nonpartisan politician

|candidate = Everett Mitchell

|votes = 71,895

|percentage = 7.48%

|change =

}}

{{Election box write-in with party link

|party = N/a

|candidate = Scattering

|votes = 516

|percentage = 0.05%

|change = -0.13%

}}

{{Election box total

|votes = 961,665

|percentage = 100.0%

|change = +36.38%

}}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, April 4, 2023{{cite report|url= https://elections.wi.gov/sites/default/files/documents/County%20by%20County%20Report_SCOWIS.pdf |title= 2023 Spring Election - Supreme Court - County by County Report |publisher= Wisconsin Elections Commission |date= April 17, 2023 |accessdate= April 21, 2023 }}

{{Election box winning candidate with party link

|party = Nonpartisan politician

|candidate = Janet Protasiewicz

|votes = 1,021,822

|percentage = 55.43%

|change =

}}

{{Election box candidate with party link

|party = Nonpartisan politician

|candidate = Daniel Kelly

|votes = 818,391

|percentage = 44.39%

|change = -0.30%

}}

{{Election box write-in with party link

|party = N/a

|candidate = Scattering

|votes = 3,267

|percentage = 0.18%

|change = +0.11%

}}

{{Election box plurality

|votes = 203,431

|percentage = 11.04%

|change = +0.48%

}}

{{Election box total

|votes = 1,843,480

|percentage = 100.0%

|change = +18.93%

}}

{{Election box end}}

{{Reflist}}

• {{CongLinks| votesmart= 175112 }}
• {{Ballotpedia|Daniel_Kelly_(Wisconsin)|Daniel Kelly (Wisconsin)}}
• Follow the Money - Daniel Kelly
• [https://www.followthemoney.org/show-me?dt=1&c-t-eid=2609919&c-t-id=279638 2020] campaign contributions

{{s-start}}

{{s-legal}}

{{s-bef|before=David Prosser Jr.}}

{{s-ttl|title=Justice of the Wisconsin Supreme Court|years=2016–2020}}

{{s-aft|after=Jill Karofsky}}

{{s-end}}

{{Authority control}}

{{DEFAULTSORT:Kelly, Daniel}}

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