The only scheduled debate for this year’s Wisconsin Supreme Court race is set for Wednesday night at Marquette University. Abortion is expected to be one of the controversial topics discussed. The issue has already reignited strong feelings on reproductive rights.
Milwaukee County Judge Janet Protasiewicz frequently mentioned her support for abortion rights during her successful 2023 Wisconsin Supreme Court election against Dan Kelly. That victory shifted control of the court to liberal justices for the first time in about 15 years.
Now, as liberal Justice Ann Walsh Bradley retires, Dane County Judge Susan Crawford is also making reproductive freedom a key part of her bid to succeed Bradley. Crawford often criticizes the views of her opponent, Waukesha County Judge Brad Schimel.
“He is the guy, who supports an 1849 law as a criminal ban on abortion," Crawford said last month in Milwaukee.
The Crawford campaign this year released audio of Schimel talking to supporters in Calumet County last summer in which Schimel first says: “So yes, I’m pro-life and there’s no way I ever would have kept that secret.”
Schimel went on to acknowledge that, as Waukesha County district attorney 13 years ago, he signed on to an anti-abortion group’s research paper advocating keeping the 1849 law in state statutes.
“You never know. If the Supreme Court does reverse Roe v. Wade, then we have the law on the books," Schimel told the Calumet Country audience, recalling his thoughts when he signed the document.
Three years ago, the nation’s high court in the Dobbs ruling did throw out protections for abortion rights, and left regulation to the states. The belief that the 1849 Wisconsin infanticide law then took effect here wound up halting abortions for about 15 months. But a different Madison circuit judge ruled the 1849 law didn’t apply to abortion and the procedure has since resumed in Wisconsin.
At a Marquette forum last month, Schimel told a female questioner that if elected to the state court on April 1, he would respect any new Wisconsin law or statewide referendum result on abortion.
“So, you have no reason to fear me. The body in control of this issue is the voters of Wisconsin, and I will respect their will,” Schimel said.
There is no abortion referendum scheduled, and Republicans controlling the legislature are considered unlikely to reach a deal on abortion legislation with Wisconsin Gov. Tony Evers (D).
So last week, a coalition of health care providers toured the state in their effort to keep Schimel off the high court. In Milwaukee, local OB-GYN Dr. Carolyn Chatterton talked about maintaining health care options during difficult pregnancies.
"Policy which supports reproductive choice is crucial for the health of our country. I’m voting for Susan Crawford because among other things, she’ll protect reproductive freedom," Chatterton says.
In the audience were Service Employees Union (SEIU) members who say they’ll knock on doors for Crawford during the last three weeks of the campaign. Leona Bournes says keeping reproductive freedom is a key reason.
“If we are a free country, why can’t we, as a woman, be able to say what we want done to our bodies? They don’t put men up here saying what they do with their body," Bournes says.
Another Crawford backer, Lisa Gordon, says she’s also worried about her grandchildren if they someday become pregnant.
“If they go into a hospital and they’re having a miscarriage, or something, they should be able to get treatment before they die, or go septic," Gordon says.
But Schimel supporter Donald Poppy says there should be limits on abortion. He says there’s a reason the current liberal-leaning state court hasn’t issued a ruling yet on the case they heard months ago about the 1849 law.
“Because they don’t want to poison the waters for Susan Crawford—that they want to get her elected first. Then, they will issue a radical decision, given the fact that they have the majority now,” Poppy insists.
The state court has not explained the delay in issuing a decision, although the court often takes months to analyze a case.
Be it Susan Crawford—or Brad Schimel—the new Wisconsin Supreme Court justice will not be sworn in until late summer.
