The two circuit court judges running for Wisconsin Supreme Court offered voters clear differences during a debate Wednesday night at Marquette University Law School. The discussion between Dane County Judge Susan Crawford and Waukesha County Judge Brad Schimel was often contentious.
The Supreme Court contest is to replace retiring Justice Ann Walsh Bradley, who is part of the court’s current 4-3 liberal majority.
Democrats and progressive groups are supporting Crawford in part because of her backing of abortion rights.
Crawford, who in one of her previous jobs was a private-sector attorney, told the debate about her personal views and legal work for reproductive freedom.
“I’ve represented organizations like Planned Parenthood of Wisconsin and their doctors back when Roe vs. Wade was in case, making sure women could make their own choices about their bodies and their health care," Crawford said. "As a woman, as somebody who has gone through pregnancy, labor and birth, I want to make my own health care decisions and I trust women to do that.”
Crawford charges that Schimel supports the 1849 Wisconsin infanticide law that triggered a 15-month halt to almost all abortions in the state after the U.S. Supreme Court tossed Roe v. Wade protections in its 2022 Dobbs ruling.
A different Dane County circuit judge has since ruled the 1849 law doesn’t apply to abortion, and the state court is expected to decide soon on an appeal of that decision.
Schimel acknowledges he told supporters in Calumet County last year that he feels the 1849 law is valid. But Schimel says the Crawford campaign has not released a full recording of his comments. “What I said next is there’s a real question as to whether that law reflects the will of the people of Wisconsin now and today.”
Schimel insists that abortion rights should go before voters in a referendum.
“No judge or justice should be deciding this issue for the voters of Wisconsin. This issue belongs in their hands,” Schimel told the audience, which included all seven current Wisconsin Supreme Court justices.
Schimel and Crawford also differed on whether Schimel was too supportive of Republican Donald Trump after Trump lost the 2020 presidential election in Wisconsin and nationwide.
Crawford referred to Schimel’s later comments to political allies: “He said that he believed the Wisconsin Supreme Court screwed Trump over in 2020 when it rejected his effort to throw out the Wisconsin election.”
Schimel says he was referring to when three liberals and usually-conservative Justice Brian Hagedorn refused to hear a Green Party challenge to the Wisconsin Elections Commission keeping the party off the ballot in Wisconsin in 2020.
’’And yes, that did screw up an election. Because Donald Trump lost by 21,000 votes, the Green Party typically takes over 30,000 votes. So the decision not to hear that case did affect the outcome of the election," Schimel maintained.
Trump’s budget-cutting ally in Washington D.C., business executive Elon Musk, is now supporting Schimel in the Supreme Court race. Crawford noted that two Musk-funded groups have spent more than $10 million on the contest.
“He has basically taken over Brad Schimel’s campaign. He’s got paid canvassers who are knocking on doors, handing out flyers that say, 'Support the Trump agenda. Put Brad Schimel on the Wisconsin Supreme Court,'” Crawford said.
Crawford says Musk is also paying for false ads against her.
Schimel replied: “I have no control over what any outside group does. I will enforce the law. I will apply the law, the way the Legislature has written it. If President Trump or anyone defies Wisconsin law and I wind up with case in front of me, I’ll hold them accountable, as I would anybody.”
Wednesday night was the only scheduled debate between the state Supreme Court candidates.
Early voting in the contest starts next week. Election day is April 1.
