Abortion a hot topic in Supreme Court race
Both sides of issue gear up for election
With the Supreme Court race headed to the sprint to the general election, abortion rights and anti-abortion organizations are marshaling their forces for their chosen candidates as the issue takes center stage in the race.
The battle, which has become one of the most watched political races in the country, revolves around state election maps, private school vouchers and voting rights. But the issue of abortion is sure to dominate the next five weeks.
Milwaukee County Judge Janet Protasiewicz, who campaigned on restoring abortion access in Wisconsin, emerged as the top vote-getter Tuesday with 46%. Her campaign is already out with new television advertising targeting her opponent, former Justice Daniel Kelly, on abortion.
Kelly, who called Protasiewicz’s messaging a “danger to our liberties,” emerged in second place in Tuesday’s primary. The ideological balance of the court is at stake in the April 4 election in which a Protasiewicz win would give liberals a 4-3 majority after more than a decade in the minority.
After the U.S. Supreme Court overturned Roe v. Wade last year, Wisconsin reverted to a law from the 19th Century banning abortion in nearly all cases – a policy at odds with the majority of Wisconsin voters, according to state polling.
Following the ruling, Gov. Tony Evers and Attorney General Josh Kaul filed a lawsuit to overturn Wisconsin’s 1849 criminal abortion ban – a case that is widely expected to end up before the state Supreme Court.
Republican leaders late last year said they hoped the GOP-controlled Legislature could introduce amendments to the state’s abortion ban or write a new law that would be signed by Evers so the state Supreme Court wouldn’t have to weigh in, but the newly re-elected governor has repeatedly said he would veto any bill unless it codifies abortion rules in place under the five decades of Roe v. Wade.
“We don’t want to have a Supreme
Court race that is supposed to be about dozens of issues being about one topic that shouldn’t be determined by the court,” Assembly Speaker Robin Vos said in December.
Vos and Assembly Majority Leader Devin LeMahieu did not respond to requests for comment following the primary election.
Former GOP Assembly Speaker Scott Jensen said at this point, abortion legislation won’t happen.
“I don’t think it is possible to get any agreement on legislation now that the Democrats think their candidate is going to win and overturn the existing laws,” Jensen said.
Brandon Scholz, a longtime Republican strategist, said there is no point discussing what the Legislature should do because the case will end up at the Supreme Court.
“Had Judge Protasiewicz not said any of this, you could expect the court would take a liberal turn, or if the conservatives keep the seat, you would expect to know how the court would vote,” Scholz said.
“But under a Protasiewicz majority, you’re going to lose on redistricting, you’re going to lose on Act 10, you’re going to lose on governing process, you’re going to lose on abortion. You’re going to lose on everything.”
Protasiewicz said she thinks being clear about her “personal values” regarding the abortion issue contributed to her success with voters in Tuesday’s primary.
“I think the utter extremism, which I think has been one of our most permeating messages, clearly resounded with the voters. Every place I went when I talked to voters, they said they don’t feel like our Supreme Court is fair,” Protasiewicz said. “We don’t feel like we get a fair shake. We feel like there’s a group of partisans there who make decisions and that they’re not in touch with how we feel.”
Kelly said he’s going to spend the next six weeks telling voters that it’s the court’s role to address legal questions, not political ones.
“I understand that Judge Janet has certain policies that she wants to pursue, but she can only do that by tearing down our Constitution, setting aside our law to make sure she can get to her favorite positions,” Kelly said. “My position is quite simple. We follow the law to the extent that is consistent with the Constitution. Anything else is left to the Legislature.”
Matthew Rothschild, head of the Wisconsin Democracy Campaign, said he expects heavy spending by groups on both sides of the abortion issue over the next five weeks of the Supreme Court race. Planned Parenthood of Wisconsin spent $693,000 supporting Evers in his re-election campaign last year, and Women Speak Out PAC, a partner of Susan B. Anthony (SBA) Pro-Life America, a super PAC, spent $323,000 supporting his GOP challenger Tim Michels, according to the Wisconsin Democracy Campaign. “These groups were very concerned with who was running for governor, so I’m sure they will be donating, given the pivotal role the new justice will play in Wisconsin’s abortion law,” Rothschild said.
SBA Pro-Life America has committed six figures to the election and urged people to vote for Kelly before the election.
“The Wisconsin Supreme Court is in danger of becoming a tool of the radical abortion lobby, regardless of what the people, the Constitution and the law say,” said Kelsey Pritchard, SBA Pro-Life America director of state public affairs. “The pro-abortion candidate, backed by a national pro-abortion lobby group while airing ads attacking life-saving protections for the unborn and vowing to rule in favor of abortion on demand, is abandoning the law and the will of the people.” According to the Wisconsin Democracy Campaign, SBA’s group spent $66,000 backing Kelly in the primary and the group Women’s March spent $10,000 on Protasiewicz.
“Most of the money hasn’t come in yet, but we think we’ll see it start to flow in the next five to six weeks of heavy campaigning,” Rothschild said.
But all told, spending exceeded $9 million in the primary alone – a record level – with billionaire Richard Uihlein dropping $2.4 million in support of Kelly and the liberal group A Better Wisconsin paying out $2.2 to support Protasiewicz and to undermine Waukesha County Circuit Judge Jennifer Dorow’s primary campaign.
Heading into this year’s race the record for spending by candidates and outside groups in a Supreme Court race was $10 million in the 2020 campaign in which Jill Karofsky ousted Kelly.
Advocacy groups line up behind candidates
Abortion rights doctors who are part of the Committee to Protect Health Care’s Reproductive Freedom Taskforce publicly signaled their support for Protasiewicz.
“Doctors shouldn’t have lawmakers telling us how to do our jobs, and women shouldn’t have their personal health care choices made for them by Supreme Court justices,” said Dr. Shefaali Sharma, a Madison OB/GYN.
“Simply put, there’s no room in the exam room for politicians or politics. Like doctors and most residents in this state, Protasiewicz trusts women to decide what is best for themselves and their families.”
Wisconsin Right to Life spokeswoman Gracie Skogman said the state’s current abortion ban is already protecting lives, but the organization understands the state Supreme Court will likely have the final say.
“We appreciate Justice Kelly’s dedication to upholding our state Constitution and practicing judicial restraint,” Skogman said. “We would encourage the Legislature to focus on legislation that provides support to women in Wisconsin, such as funding for pregnancy resource centers and Medicaid expansion for postpartum women.”
Wisconsin Right to Life, Wisconsin Family Action and Pro-Life Wisconsin have endorsed Kelly. Planned Parenthood Advocates of Wisconsin is backing Protasiewicz.