Wisconsin is preparing for a high-stakes state Supreme Court election that will determine the balance of power in the state, just months after President-elect Trump flipped the battleground state.
Dane County Judge Susan Crawford and former Attorney General Brad Schimmel (R) are vying for the seat on the high court vacated by liberal Justice Ann Walsh Bradley, who is currently a liberal The approval rating is 4 to 3. Bradley's resignation split the partisan balance 3-3.
Republicans are eager to gain a seat on the court after losing a key Wisconsin Supreme Court race two years ago, handing power to Democrats for the first time in 15 years.
“Conservatives are starting to wake up to the importance of the courts,” said Rusty Schultz, who previously worked for the campaigns of former Gov. Scott Walker (R) and Sen. Ron Johnson (R-Wis.). .
“I think there was probably a sense of insecurity or not necessarily understanding, because for so long we've been pulling all three levers of government and we've kind of taken that court for granted. “Because I was there,” he explained. “And in 2023, after that loss, I think people started to wake up to that.”
Voters will head to the polls early next year to consider which candidate will fill the vacancy on the state Supreme Court. So far, only Crawford and Schimmel have been announced as candidates, but they may be added later.
Although the Wisconsin Supreme Court race is technically bipartisan, both candidates clearly lean toward issues that resonate with their Republican and Democratic bases.
Most voters know Schimmel as a former Republican state attorney general who is currently a Waukesha County Circuit Court judge. his Website promotion About his time as Wisconsin's attorney general (described by his campaign as “the state's top cop”), his record advocating for crime victims and tackling opioid abuse.
“When I saw what happened in the last Supreme Court election in 2023, I felt like I had to run,” Schimmel told The Hill.
“We had a candidate who was elected on a promise to how he was going to decide cases, and another liberal on the court who was praising it. They were just all for it. “The state map was rigged,” he said, referring to then-liberal candidate Janet Protasiewicz, who said she believed in women's freedom to make their own abortion choices. “It has been done,” he said, infuriating Republicans. 2023 race.
Mr. Protasiewicz was unable to quell Republican criticism of his comments, but he never said what decision he would make on the case at hand.
Crawford's campaign notes that she represented Wisconsin's Planned Parenthood system and protected voting and worker rights. She also had a penchant for criminal issues, citing her background as a former assistant attorney general in the Wisconsin Department of Justice.
Sam Locker, a consultant to the Crawford campaign who also worked on Protasiewicz's team in 2023, said the issues in the 2023 campaign and the current issue may be similar, “but essentially… “This is a question of whether we still want a fair and impartial court.” Do we want a fair court in Wisconsin, or do we want a court that acts as a rubber stamp for really extreme right-wing policies?”
This race shows early signs that the contest is becoming personal.
Mr. Crawford's campaign has already characterized Mr. Schimel as a “right-wing extremist.” She and the Wisconsin Democratic Party have targeted him on issues such as abortion, noting that he signed the Wisconsin Right to Life white paper in 2012. It was argued that He argued that if Roe v. Wade were overturned, “Wisconsin's unborn children would be best protected” by preserving the state's 1849 abortion law rather than amended personhood.
“That was a long time ago, and I did that in my other role as a judge,” Schimmel told The Hill. “I would never sign such a document because it would be inappropriate in my role as a judicial officer.”
“As a Supreme Court Justice, I cannot say more clearly that I am not trying to overturn the will of the people. A law passed is a law passed, and I will respect that.” he said. “I will protect the will of the people through these laws, as long as they do not violate the Constitution.”
Meanwhile, when Crawford announced his candidacy, Schimmel suggested in a statement that Dane County judges do not have Wisconsin's interests at heart.
“While I have spent my career defending and upholding Wisconsin law, she has spent much of her career suing Wisconsin,” he said. he claimed.
Locker dismissed the attacks, saying Crawford “has fought to protect our rights and freedoms.”
She's been a “prosecutor, she's been a judge, she's held criminals accountable. She's prosecuted violent criminals. I think that's very clear,” Locker said. “She's also a lawyer, and as a lawyer she fought to protect access to reproductive health care. She fought for workers' rights.”
There are striking similarities between the 2023 Wisconsin Supreme Court race and next year's race. Both will determine partisan control of the state high court, and so far the focus of this race appears to be on similar issues as the previous battle. Abortion and crime. This season's campaign, like two years ago, shows signs that things could get worse.
Wisconsin's last state Supreme Court election broke spending records for state judicial elections, and observers expect the same to happen by next year.
So much money was spent in the race last cycle, especially since the Badger State is one of seven battleground states with little chance of tilting partisan control in one of those high courts. Ta. Some of the court's most significant decisions in recent years include waiving challenges to the 2020 state election results, ordering new maps for the state Legislature, and allowing the use of drop boxes during the 2024 election. It is.
The court is scheduled to rule on a case involving the state's 1849 abortion law, which bans nearly all abortions.
Howard Schweber, a political science and law professor at the University of Wisconsin-Madison, said notable issues include abortion, elections and the Walker-era Act 10, which limited the collective bargaining rights of many government employees. Explained. — Zoning and religious freedom.
Schweber suggested that if Schimmel wins, the court will likely bring another case over the state House map. He also predicted that the conservative majority would “much like the Roberts court in breaking down traditional barriers between church and state” against religious and other groups.
“If Crawford wins, the Wisconsin Supreme Court will do what other state courts do: “The United States Supreme Court can say whatever it wants about the U.S. Constitution, but the Wisconsin Constitution “Underneath, we believe there is an independent principle of separation of church and state, and we develop our doctrine from there,” he explained.
Schweber also noted that a Crawford victory could prompt Democrats to challenge Article 10 constitutionally. Mr. Crawford previously represented the Madison City Teachers Union in its Title 10 lawsuit.
While Trump won the state earlier this month, Sen. Tammy Baldwin (D-Wis.) survived a competitive Senate reelection bid, with both parties weighing election night results ahead of the judicial races. Questions have arisen as to how this is being analyzed.
Badger State Democrats say there's reason to be optimistic.
“At the time, a lot was written about the vaunted Scott Walker machine that had won so many races over the years,” said Democratic strategist Thad Nation. “It's gone. I mean, it's completely gone from the Wisconsin landscape, and it's been replaced by the state Democratic Party's turnout efforts, which keep getting better and better.”
Republicans say there's reason to feel better heading into next year. Wisconsin Republican Party Chairman Brian Simming noted that the state is continuing to hire staff it would not normally have at this time. Republicans may also be able to avoid a messy primary battle.
“I think we have a very passionate organization,” Schimming said, adding that Wisconsinites are “passionate” about Schimmel, who is already a statewide elected official.
“I think people on both sides nationally recognize that this is not just a seat on the court, it’s a gift that keeps on giving for three years,” he added with a laugh. “Because it won't be until 2028, until conservatives get another chance” in this court. ”
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