MILWAUKEE (AP) — In a recent debate preceding early voting for a Wisconsin Supreme Court seat, the topic of abortion surfaced as a crucial issue right from the outset.
Key Insights
Abortion remains a primary concern for voters participating in early ballots for the Wisconsin Supreme Court seat. The outcome of the April 1 election could significantly influence future legal decisions surrounding abortion in the state, as it will determine whether the court is controlled by liberals or conservatives.
Democrats are optimistic that the potential reinstatement of a long-dormant abortion ban from 1849, established at a time when women could not serve in the Legislature, will galvanize voter turnout.
This situation exemplifies how historical legal restrictions continue to shape contemporary abortion legislation in the wake of the 2022 U.S. Supreme Court decision that overturned Roe v. Wade, which had ensured a federal right to abortion.
“Let’s discuss abortion rights,” the moderator prompted. The implications of the election this April can lead to significant shifts in handling future legal debates over abortion, affecting women’s rights in Wisconsin.
Abortion has become a central issue for Democratic candidate and Dane County Judge, Susan Crawford, who emphasizes its impact on voter engagement. This marks a shift from the charged atmosphere of the 2023 state Supreme Court race, which resulted in a liberal majority. Her opponent, Republican candidate Brad Schimel, is a former state attorney general.
“Abortion continues to be a pivotal issue,” observed Charles Franklin, a political scientist at Marquette University. “However, neither candidate has been as outspoken on contentious topics as we witnessed in the previous election.”
Democratic hopes hinge on the potential revival of a 175-year-old law that could criminalize abortion practices, with the state’s highest court currently deliberating its fate. Separately, Planned Parenthood of Wisconsin has filed a lawsuit seeking clarity on the existence of a constitutional right to abortion in the state.
This archaic law emerged shortly after Wisconsin’s statehood, during an era dominated by male legislators and a lack of representation for women. As highlighted by Kimberly Reilly, a professor of history and gender studies at the University of Wisconsin-Green Bay, women lacked legal identities and autonomy during this time, reinforcing the importance of contemporary battles for bodily autonomy.
The recent revival of this long-dormant law is part of a broader trend influenced by age-old regulations that emerged when scientific understanding of pregnancy was rudimentary and women could not even vote. Similar restrictions in states like Alabama, Arkansas, and Mississippi reflect a national pattern of stringent abortion laws lacking exceptions, often resulting in severe penalties for healthcare providers.
During the debate on March 12, Crawford refrained from commenting directly on the 1849 abortion ban case, instead highlighting her experience with Planned Parenthood and advocating for women’s healthcare decisions. In a recent advertisement, she accused Schimel of lacking trust in women’s ability to make their own health choices.
Schimel identifies as “pro-life” and has voiced support for maintaining the 1849 law. Throughout the debate, he sidestepped direct inquiries about abortion, suggesting that decisions should be left to voters, despite Wisconsin lacking a ballot initiative process to empower citizen-led initiatives to protect abortion rights.
Political scientist Anthony Chergosky from the University of Wisconsin-La Crosse noted that Schimel has adapted a strategy favored by Republicans, which involves diverting attention from abortion as a direct campaign issue.
This message resonates with many Democratic voters who cited abortion as a key concern while lining up for early voting last week. Jane Delzer, a 75-year-old Waukesha liberal, voiced her fears, stating, “A woman’s right to choose is my main motivation. I’m genuinely concerned about Schimel’s potential actions regarding abortion.”
June Behrens, a 79-year-old retired educator, stressed the importance of personal choice in women’s lives based on her loved ones’ experiences. In contrast, Republican voters predominantly prioritized issues like immigration and the economy, reflecting sentiments that have previously aided Trump’s electoral successes.
As crucial as abortion is this year within the political discourse, it played an even more significant role in the 2021 court elections which showcased the escalating cost and national involvement in state Supreme Court races.
This election season has been characterized mainly by discussions around criminal sentencing and allegations of each candidate being lenient on crime, according to Howard Schweber, a political science professor emeritus at the University of Wisconsin-Madison.
Crawford seeks to frame the election as a referendum on Trump, especially following his controversial policies and the influence of billionaire executives like Elon Musk, whose substantial financial backing has favored Schimel.
“While abortion was a powerful motivating issue two years ago, we’re seeing it resonate less this time, which seems perplexing given the stakes are comparably high,” observed Schweber. “The current anxiety among Democrats might stem from past election setbacks and doubts about abortion’s weight as a rallying point.”
Franklin believes women’s rights will remain compelling for Democrats, yet the issue may not resonate as strongly with independent voters—critical to the race’s outcome. “After the overturning of Roe v. Wade, abortion was a hot topic, but the urgency appears diminished as states enact their own regulations,” he said. “Many Democrats once viewed abortion as a potent tool for winning elections, but recent outcomes suggest otherwise.”
