With retiring liberal Justice Ann Walsh Bradley leaving the bench, Democrats and Republicans in Wisconsin are preparing for another battle for control over the state’s highest court with the fate of abortion and labor rights on the line as candidates race toward the April 1 election.
Abortion rights are once again expected to take center stage as Susan Crawford, a Dane County judge who formerly represented Democrats and Planned Parenthood during her time as an attorney, and Brad Schimel, a Waukesha County judge and former Republican attorney general, gear up for another high-profile and expensive judicial contest.
The race is expected to attract even more attention and spending than the previous race for the state Supreme Court in 2023, which flipped the court to a liberal majority for the first time in 15 years with the election of liberal-leaning Justice Janet Protasiewicz.
Protasiewicz won the seat over Dan Kelly, a conservative former justice, by 11 points.
While Wisconsin Supreme Court races are officially nonpartisan, the race has become increasingly polarized in recent years as the two major political parties continue to back their preferred candidate. Crawford seeks to maintain the court’s narrow liberal majority, while Schimel seeks to swing Wisconsin’s high court back to conservatives.
Like in many other races in Wisconsin, abortion rights remain a crucial flash point in the Wisconsin Supreme Court race, and candidates are not shying away from making their personal stances on the issue known.
Crawford told The Daily Cardinal she will not make promises to vote one way or another on issues like abortion rights and collective bargaining rights for public employees if elected, but rather make decisions based on the evidence presented.
“I've represented Planned Parenthood of Wisconsin and their doctors when the government was trying to get between women and their doctors and make it harder for them to provide those necessary health care services. I think it's important for voters to know about that history and that experience, and at the same time, [know] I will be fair and impartial as a justice,” Crawford said.
In 2023, Protasiewicz took an open and forthcoming approach regarding her opinions on abortion rights in Wisconsin. While at no point during her campaign did she say how she would rule on the 1849 law that previously banned abortion with no exception for rape or incest, she did make her personal views on the matter known through ad campaigns.
While serving as attorney general under Republican Gov. Scott Walker, Schimel signed on to a 2012 legal paper that mapped out a strategy to make abortion illegal in nearly all cases within Wisconsin. He was vocal about his support of the 1849 law during the early stages of his campaign for the Supreme Court.
Crawford said it’s “unfortunate” that her opponent has approached this race as a partisan one.
“I do think that people need to be concerned when there's a candidate who is seeking to politicize the Supreme Court and to turn it into sort of an agent for a partisan agenda, and that's what I see Brad Schimel doing in this race,” Crawford said.
Schimel has not been formally endorsed by Pro-Life Wisconsin, though Matt Sande, the chief lobbyist for the organization, had noted in an article in the organization’s recent newsletter that it was “critical” for Schimel to be elected. Crawford has been endorsed by Planned Parenthood Advocates of Wisconsin and EMILYs List, a political action committee that aims to elect Democratic female candidates in favor of abortion rights to office.
Both candidates are expected to describe the other as an extremist in the flurry of political attack advertisements to come in the months leading up to the election.
Donors, PACs spend big ahead of April 1 election
Two years ago, the 2023 race for the Wisconsin Supreme Court’s $56 million price tag shattered national spending records for a judicial race. The Wisconsin Democracy Campaign, which tracks spending on campaigns, is estimated that a new record will be set this year.
Crawford raised $2.8 million from individual donors since entering the race compared to Schimel’s $2 million, recent January campaign finance reports show. The two candidates in this year’s race have raised more money so far than at the same point in the 2023 judicial race.
The most recent round of campaign finance reports showed that Crawford received $1 million in funding from the Democratic Party of Wisconsin in 2024. Schimel’s report did not show any major contribution from the Republican Party of Wisconsin, though he did receive roughly $26,000 in contributions from county GOP chapters.
Crawford acknowledged that while she has received funding and endorsements from the Democratic Party of Wisconsin and other partisan organizations, she said their support will not impede her ability to be a “fair and impartial” justice.
“I appreciate having the endorsement of any person or any legitimate organization, but they need to understand that I'm not promising anything, that all I'm promising is to be fair and impartial as a justice on our Supreme Court and to look out to protect the rights of all Wisconsinites,” Crawford said.
Americans for Prosperity, the Koch-linked conservative PAC, has already poured $1.2 million into independent expenditures supporting Schimel, according to a Daily Cardinal analysis of campaign finance reports. In comparison, Americans for Prosperity only spent around $820,000 advocating for conservative candidate Daniel Kelly in total during the previous contest.
In an interview with conservative talk show host Dan O’Donnell in April 2024, Schimel said that “we’re going to nationalize” the race and that he expects outside conservative groups will spend $10 million to $15 million on his campaign.
In 2023, Kelly declined direct funding from the Republican Party of Wisconsin, relying instead on outside groups and super PACs. The Wisconsin Republican Chairman Brian Schimming has said he hopes to funnel money from conservative donors through the state party, which can accept unlimited contributions and send the cash to endorsed candidates.
Schimel’s campaign did not respond to repeated requests for comment.
Whoever wins the April 1 election will serve a 10-year term on the court and will likely decide the shape of the court until conservative Justice Rebecca Bradley and Chief Justice Annette Ziegler are up for reelection in 2026 and 2027, respectively.
Anna Kleiber is the state news editor for The Daily Cardinal. She previously served as the arts editor. Anna has written in-depth on elections, legislative maps and campus news. She has interned with WisPolitics and Madison Magazine. Follow her on Twitter at @annakleiber03.