High-Stakes Wisconsin Supreme Court Race May Determine Future of Abortion Laws

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The Wisconsin Supreme Court race between Democrat-backed Milwaukee County Circuit Court Judge Janet Protasiewicz and Republican-backed former state Supreme Court Justice Daniel Kelly could end a decade of Republican dominance in one of the nation’s most pivotal swing states.

The current conservative majority on the Wisconsin Supreme Court is 4–3, but the retirement of conservative Justice Patience Roggensack has opened the door for a change in ideologicial majority of the court for at least the next two years.

The outcome of the race, which is believed to be the most expensive state judicial race ever, could also prove decisive in the fight over the future of abortion laws in the state.

The contest could determine how the court will rule on legal challenges to Wisconsin’s 1849 statute prohibiting abortion, which was implemented after Roe v. Wade was overturned by the U.S. Supreme Court in 2022.

Wisconsin is one of more than a dozen states whose Supreme Court justices are directly elected, and victors get 10-year terms. The races are technically nonpartisan, but political parties make their support for candidates quite clear.

According to the Brennan Center for Justice, expenditures in this year’s election reached $28.8 million as of March 29. The previous high for spending on a state judicial battle was $15.4 million in an Illinois contest in 2004.

The court’s decisions may affect voter participation in the 2024 presidential election, with Protasiewicz claiming she is running “to restore integrity to the Wisconsin Supreme Court, and get politics out of the courtroom.”

Kelly, the more conservative candidate, formerly served on the state’s Supreme Court and calls himself a “strict constructionist.” Kelly promises to “preserve constitutional rights, uphold the rule of law, and prevent judicial activism” if elected.

‘Most Consequential’ Election

Republican Party of Wisconsin Chairman Brian Schimming is well-versed in Wisconsin politics, having worked in the administrations of Wisconsin GOP governors Tommy Thompson, Scott McCallum, and Scott Walker, as well as serving as chief of staff to Wisconsin Assembly Speaker David Prosser.

“I’ve been involved in government and politics in Madison and at the Capitol since the 1980s, and this election is one of the most consequential ever in Wisconsin,”Schimming told The Epoch Times in a recent interview.

“There are several cases of major consequence that could come before the Wisconsin Supreme Court, in which it may take jurisdiction of original action and settle law for Wisconsin.”

Conservatives have enjoyed a 4–3 majority on the Wisconsin Supreme Court during the last decade. The election is being held to fill a vacancy left by Roggensack’s decision not to run for reelection.

The outgoing justice is nearing the end of her second 10-year term.

Ross Muscato and Amy Gamm contributed to this report.