MADISON, Wis. — The upcoming Wisconsin state Supreme Court election, set for next spring, is already fraught with significance as it could shift the balance of power. A recent ruling has further complicated the stakes by reinstating collective bargaining rights for approximately 200,000 educators and public workers in the state, enhancing the importance of the election.
The court, currently under liberal control, has already made substantial advancements for Democrats by invalidating legislative maps drawn by Republicans. Ongoing cases, supported by liberal groups, are aimed at safeguarding abortion rights within the state while also curtailing Republican strategies that challenge the state’s nonpartisan elections overseer.
This latest ruling on collective bargaining marks a potentially monumental victory for Democrats, teachers, and government employees who lost these rights 13 years ago. This loss led to significant union decline, mass protests, and a strengthened Republican agenda that limited private-sector union rights.
Liberal control of the Wisconsin Supreme Court emerged following a historic 2023 election, marked by intense participation from both major political parties and record-breaking voter turnout and spending on judicial campaigns. During that election, abortion issues held the spotlight, but with the new developments regarding union rights, labor issues are poised to take prominence in the race for the seat of a retiring liberal justice in 2025.
Rick Esenberg, president of the conservative Wisconsin Institute for Law and Liberty, commented, “The importance of this race cannot be underestimated, regardless of which side of the political spectrum voters find themselves.” He suggested that the implications of this court election might outweigh even critical legislative or gubernatorial races.
The election on April 1 will feature Republican Brad Schimel, a judge and former Wisconsin attorney general who aligned with President Donald Trump, against Susan Crawford, a liberal judge whose previous law firm once advocated for teachers seeking to dismantle the anti-collective bargaining statute.
The statewide Supreme Court had previously upheld the controversial Act 10 legislation in 2014. Schimel has raised concerns about Crawford’s impartiality due to her law firm’s past involvement with efforts to overhaul Act 10, labeling her as a “radical” and suggesting she would function as a tool of the Democratic Party if elected.
During his tenure as attorney general, Schimel expressed staunch support for Act 10 while opposing any exemptions it would place on police and firefighter unions. However, Dane County Circuit Judge Jacob Frost recently ruled that such distinctions render the law unconstitutional. This ruling, favoring public school teachers and restoring their collective bargaining rights, impacts around 200,000 workers statewide, according to reports from the Wisconsin Policy Forum.
In response, the Republican-led Legislature promptly filed an appeal against this recent decision. Although Crawford’s former law firm is not being engaged in this case, her campaign indicated that she would decide on recusal matters based on the circumstances at hand.
Crawford has garnered the endorsement of the state teachers’ union, which has seen its influence significantly wane since the enactment of Act 10, as well as support from the Wisconsin Democratic Party and all four liberal justices currently on the court. Alongside the push to challenge the anti-union law, Crawford has also represented Planned Parenthood in efforts to broaden access to abortion in Wisconsin.
Christina Brey, spokesperson for the Wisconsin Education Association Council, expressed confidence in Crawford’s capacity for fair judgment and underscored her integrity as a candidate, though she refrained from speculating on potential recusal regarding Act 10 cases.
In contrast, Schimel has secured endorsements from prominent Republican figures, including Senator Ron Johnson and all five of Wisconsin’s Republican congressmen, along with influential conservative organizations and numerous law enforcement agencies.
Should Crawford emerge victorious in the upcoming election, the liberals’ hold on the state Supreme Court could solidify until at least 2028, when the next liberal justice faces re-election. Candidates must declare their candidacy by January 1 for the April 1 election, with the victor earning a 10-year term.
