Tuesday, Apr. 4, 2023
Could Wisconsin’s April 4 Supreme Court election eventually determine whether abortion is legal in Wisconsin?
Voters in the April 4, 2023 Wisconsin election will fill a vacancy on the state Supreme Court.
If the winner is former Justice Daniel Kelly, who is endorsed by anti-abortion groups, the court would retain a 4-3 conservative majority.
If the winner is Milwaukee County Circuit Judge Janet Protasiewicz, who has campaigned as an abortion rights supporter, the court will be a 4-3 liberal majority.
The Supreme Court is expected in 2023 or 2024 to hear a lawsuit that seeks to overturn the state’s abortion law, which is from 1849. The law bans abortion except to save the mother’s life.
A conservative majority could uphold Wisconsin’s law, while a liberal majority could overturn the law.
Roe v. Wade, the 1973 U.S. Supreme Court decision that established a national right to an abortion, made Wisconsin’s prohibition unenforceable. But on June 24, 2022, the Supreme Court’s Dobbs v. Jackson decision overturned Roe.
This fact brief is responsive to conversations such as this one.
Sources
- Wisconsin Watch Wisconsin abortion law: What are the exceptions?
- AP News Debate on abortion access turns to Wisconsin high court race
- Washington Post Expensive court race will decide future of abortion in Wisconsin
- Wisconsin Watch Has Wisconsin Supreme Court candidate Janet Protasiewicz campaigned in support of abortion rights?
- Wisconsin Watch If a liberal candidate wins the April election, would the Wisconsin Supreme Court have a liberal majority?
- AP News Abortion access at stake in Wisconsin Supreme Court race
- Cornell Roe v. Wade
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