Two candidates are in a race to claim liberal Justice Ann Walsh Bradley’s seat and their party’s majority during the Wisconsin Supreme Court Election in April, according to PBS.
The Supreme Court race is technically non-partisan, but Susan Crawford is aligned with the Democratic Party and Brad Schimel is aligned with the Republican Party, according to PBS.
Crawford said she began as a prosecutor at the Wisconsin Department of Justice, then worked as an attorney for ordinary Wisconsinites and represented Planned Parenthood of Wisconsin, all experiences that helped her become a fair and impartial judge. Now she works as a Dane County Circuit Court Judge and works every day to get the facts right in every case to apply the law fairly, she said.
“Wisconsinites need and deserve to have justices on the Supreme Court who are fair and impartial and have deep experience protecting people’s rights,” Crawford said. “That’s what I’ve always done throughout my career.”
Schimel served as a district attorney in Waukesha County, served one term as attorney general, then was appointed to Waukesha County judge by former Gov. Scott Walker, according to Wisconsin Watch. Schimel appealed a Planned Parenthood lawsuit about hospital admission privileges for abortion providers and joined efforts to overturn the Affordable Care Act, according to Wisconsin Public Radio.
The number one issue in the race is abortion, according to UW professor of political science and director of the Elections Research Center, Barry Burden. It is a relevant issue for all voters, especially college-age students, who care deeply about the issue, Burden said.
“Both candidates have already conveyed where they stand on abortion — Crawford’s aligned with pro-choice, Schimel with pro-life — so it’s very clear,” Burden said.
Abortion was a central issue in the 2023 Wisconsin Supreme Court Race and the court still hasn’t resolved the uncertainties around abortion access in Wisconsin, Burden said. The 2023 election of Justice Janet Protasiewicz gave the court a 4-3 liberal majority for the first time in 15 years, according to WPR.
During the 2023 race, Wisconsin saw record spending and turnout because abortion was such a central issue, UW political science professor, Howard Schweber said. Schweber anticipates that record to be broken again during this election because of issues like abortion, gerrymandering, Act 10, religious freedom and union rights.
“The stakes have become incredibly high,” Schweber said. “With the U.S. Supreme Court withdrawing protections on issues like abortion and gerrymandering, those issues are now being decided in state courts. Who controls the state court has major implications for political beliefs and the future of state policy.”
Supreme Court elections in Wisconsin have become more intense, more expensive and more partisan, Burden said.
Schweber echoed a similar sentiment and said that nonpartisanship in court races has been abandoned in the last 20 years, as the parties become more ideologically separate. Party partisanship will be just as intense as in the last presidential election, Schweber said.
“There was a time when Wisconsin prided itself on being a state of good government,” Schweber said. “Wisconsin was about consensus and public interest, and that’s long gone. I hope at some point Wisconsin voters decide they want that back — punishing candidates who engage in nasty, unethical campaigning.”
It’s important for judicial elections to remain nonpartisan, Crawford said. It is essential for judicial candidates to talk about their values and experience without violating judicial rules or prejudicing current cases, Crawford said.
The value she places in nonpartisanship stands in contrast to Schimel’s values, Crawford said.
“My opponent, Brad Schimel, has a long history of being a partisan politician and is running this race very much as if it were a partisan race,” Crawford said. “He has a history of working to take rights away from people, not protecting them.”
Both candidates are very up front about their positions and what they believe in, and are trying to appeal to the public through that authenticity, Burden said. Schimel, because he was attorney general and aligned with law enforcement, talks more about being tough on crime and wanting to put away criminals, Burden said. Crawford focuses on being more in touch with the community, understanding people’s lives and using that understanding to guide her judgments, Burden said.
Crawford said her experience as a prosecutor demonstrates her ability to handle tough felony cases, as she made sure her community was safe, people who had hurt others were held accountable and that crime victims’ rights were respected.
“I’ve always prioritized personal freedoms, rights and community safety,” Crawford said. “I think voters deserve to know that difference when they go to the polls.”
If Crawford wins, liberals will maintain a 4-3 majority until at least 2028. If Schimel wins, conservatives will win back the majority they lost in 2023, according to PBS.
The Spring election is on April 1, and in addition to the Supreme Court candidates, a voter ID issue will be on the ballot. A “yes” vote would support amending the state constitution to require valid photo identification to vote and authorizing the state legislature to pass laws to determine what qualifies, according to Ballotpedia.
Republicans in the legislature put the issue on the ballot in hopes of energizing conservative voters, Burden said. They’re worried that if Crawford wins, there could be a lawsuit challenging the law that the Supreme Court would strike down, Burden said.
“Passing this amendment would effectively protect that law, no matter who controls the court,” Burden said.
