Conservative Judge's Concession Speech Raises Eyebrows: 'Sour Grapes'

A conservative candidate for Wisconsin Supreme Court is raising eyebrows by refusing to concede after losing an election to his liberal opponent, who he says is not "worthy."

Daniel Kelly, who previously served on the state's high court after being appointed by Republican ex-Governor Scott Walker in 2016, lost by a clear margin to Democrat-aligned Milwaukee County Circuit Judge Janet Protasiewicz on Tuesday.

The election outcome flipped the court's ideological makeup to a 4-3 liberal majority for the first time in 15 years, likely influencing court decisions on hot-button issues like abortion rights for years to come.

In comments to the Associated Press, Protasiewicz said that she was "absolutely delighted and thrilled" by the outcome and "the magnitude" of her victory.

Wisconsin Supreme Court Election Republicans Democrats Concession
A gavel with an "I Voted" sticker attached is pictured in this undated file photo. An election for Wisconsin Supreme Court ended in victory for liberal-leading candidate Janet Protasiewicz on Tuesday, flipping the ideological balance... BackyardProduction

Kelly acknowledged that he had lost the election in a fiery speech to supporters, while lashing out at Protasiewicz and specifically refusing to concede to her.

"This didn't turn out the way that we were looking for," Kelly said. "I wish that in a circumstance like this, I would be able to concede to a worthy opponent. But I do not have a worthy opponent to which I can concede."

"My opponent is a serial liar," he continued. "She's disregarded judicial ethics, she's demeaned the judiciary with her behavior. And this is the future we have to look forward to in Wisconsin."

Kelly went on to say that Wisconsin voters had chosen "the rule of Janet" over "the rule of law," while adding that he "respected" their decision regardless.

The conservative judge's post-election attack on his opponent and refusal to concede to her inspired some backlash on social media.

"Wisconsin Supreme Court candidate Dan Kelly keeping it classy," Charlie Sykes, editor-in-chief of The Bulwark, tweeted sarcastically.

"Dan Kelly: Classless 'til the end," tweeted liberal activist Scot Ross.

"Republicans are sore losers over #Wisconsin voters rejecting their bigotry and insanity," @BobBrigham tweeted. "Dan Kelly is trash who has no business practicing law in any jurisdiction on Earth."

"Dan Kelly simply does not have the upper body strength to hold this L," writer Jay Willis tweeted.

"Dan Kelly is horrible sour grapes!" tweeted @miller0969. "What a jerk! He can't even concede graciously to @janetforjustice! Go home!"

"WISCONSIN Loser Dan Kelly is spewing instead of conceding ..." historian Harvey Kaye tweeted.

"Hope you like vinegar because Dan Kelly's got some sour grapes," tweeted @BobbyBigWheel.

While praise for Kelly's speech was elusive online, some conservatives denounced the election outcome as a disaster for Wisconsin.

"Wisconsin is dead," tweeted @Stroswin1 "Republicans will never win another election in that state again; Criminals will have freedom to do as they wish."

"WISCONSIN NOW JOINS THE OTHER S*** HOLE STATES AND TYRANNY RULES !!!" @LeonardProbasco tweeted.

Despite Kelly having previously served on the Wisconsin Supreme Court, the former justice has never won an election for a seat. He was appointed in 2016 to fill the unexpired term of Justice David Prosser Jr. Prior to Tuesday, he also lost an election in 2020, when he was endorsed by former President Donald Trump.

The ex-president's son, Donald Trump Jr., urged Wisconsin "MAGA patriots" to vote for Kelly in a tweet hours before polls closed, warning that the court would be taken over by "the radical left" if they did not.

"MAGA patriots in Wisconsin - Get out and VOTE for Daniel Kelly tonight," Trump Jr. tweeted. "We can't afford to lose the Wisconsin Supreme Court to the radical left. Polls close at 8pm CST. Let's send these corrupt Dems a message at the ballot box tonight and again in 2024! Vote!!!"

Newsweek has reached out online to the Kelly campaign for comment.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more

To read how Newsweek uses AI as a newsroom tool, Click here.
Newsweek cover
  • Newsweek magazine delivered to your door
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go
Newsweek cover
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go