Demonstrators gather for a Bigger Than Roe rally after participating in a women's march for abortion rights, at the Wisconsin State Capitol in Madison on Jan. 22.JAMIE KELTER DAVIS/The New York Times News Service
Wisconsin voters on Tuesday will decide which state Supreme Court candidates will advance to an April election that carries profound consequences for abortion rights, control of the state government and the 2024 presidential election.
Four candidates – two liberals and two conservatives – are on the ballot, with the top two finishers moving on to a one-on-one matchup in April that will determine whether a right-wing or left-wing majority controls the state’s seven-member high court.
The newly constituted court will likely decide whether to uphold the state’s 1849 near-total abortion ban that took effect after the U.S. Supreme Court’s decision last June to overturn Roe v. Wade, eliminating a national right to abortion.
The court may also re-examine the state’s Republican-drawn legislative maps, which have helped the party maintain dominance over the legislature despite a closely divided electorate. And the justices could issue election law rulings that affect the outcome of the 2024 presidential race, when Wisconsin is expected to be a swing state.
“The stakes in this race for Wisconsin and for American democracy at large can’t be overstated,” Ben Wikler, the chair of the state’s Democratic Party, said in an interview.
With a Democratic governor, Tony Evers, and a Republican-majority legislature often at loggerheads, the state Supreme Court’s 4-3 conservative majority has issued a string of decisions that typically favored Republicans.
But a conservative justice is leaving the bench this year, putting the political leaning of the court in question.
While the race is technically nonpartisan, a casual observer would be forgiven for missing that detail. The candidates – liberals Janet Protasiewicz and Everett Mitchell and conservatives Daniel Kelly and Jennifer Dorow – have left little doubt about their ideological tendencies.
Both the state Democratic and Republican parties have lined up behind each pair of like-minded candidates, while a constellation of interest groups have issued endorsements and poured millions of dollars into the campaigns.
The contest already ranks among the most expensive state supreme court races in history, according to Douglas Keith, an attorney at New York University’s Brennan Center for Justice who tracks spending on judicial elections.
More than $7 million has been spent on television advertising with six weeks before the general election, putting it on track to shatter the $15 million overall spending record for a single-seat race, set in 2004 in Illinois.
State judicial elections have received greater attention in recent years, a trend accelerated by the Supreme Court’s decision to overturn Roe v. Wade.
In Wisconsin, the ruling triggered the 19th-century law banning the procedure. Democratic Attorney General Josh Kaul filed a lawsuit claiming the statute is invalid - a case eventually headed for the state Supreme Court.
“This is Wisconsin’s Roe moment,” said Gracie Skogman, a spokesperson for Wisconsin Right to Life, which is backing the conservative candidates. “It’s not only the fate of our current law that is in jeopardy depending on the ideological makeup of the court, but they have the opportunity to set the standard for pro-life and abortion policy for decades to come.”
Right to Life is mobilizing voters with direct mail, phone calls, social media appeals and a voter registration drive.
Planned Parenthood Advocates of Wisconsin plans to invest more resources in the campaign than any previous judicial race, spokesperson Tiffany Wynn said. The group has hired staff to canvass door-to-door and is planning an advertising blitz after Tuesday’s primary.
A new liberal majority could also revisit other statutes, such as laws requiring voter identification and permitting concealed carry of firearms.
“These are issues right up and down the line that we’ve been tackling over the last generation that would be on the chopping block,” said Mark Jefferson, the Republican state party chair.