Thursday, Feb. 6, 2025

Did Wisconsin Supreme Court candidate Brad Schimel try to repeal the Affordable Care Act?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch

yes

As Wisconsin’s attorney general, Brad Schimel helped lead a 20-state lawsuit that sought to overturn the Affordable Care Act.

The federal law, known as Obamacare, expanded health insurance coverage by offering exchanges and subsidies for individuals to buy health insurance, and in other ways.

The 2018 lawsuit argued Obamacare was made unconstitutional by a 2017 tax law change signed by President Donald Trump. Schimel at the time called Obamacare “overreaching and harmful.”

In 2021, the U.S. Supreme Court dismissed the lawsuit. It ruled the plaintiffs didn’t have legal standing to sue. However, it didn’t decide whether Obamacare was unconstitutional.

Susan Crawford, the liberal candidate in the April 1 Wisconsin Supreme Court election, criticized Schimel’s lawsuit. Schimel is the conservative candidate.

Nearly two-thirds of U.S. adults have a favorable view of Obamacare; 72% of Republicans have an unfavorable view.

A record 313,579 Wisconsin residents signed up for health insurance through Obamacare during the 2025 open enrollment.

See a full discussion of this at Wisconsin Watch

This fact brief is responsive to conversations such as this one.

Sources

Texas attorney general: AG Paxton and Wisconsin AG File 20-State Lawsuit to End the Grip of Obamacare on Texas and the Nation
KFF: What Is the Affordable Care Act?
U.S. District Court: Texas, Wisconsin et al v. U.S.
Milwaukee Journal Sentinel: Scott Walker moves to stabilize Obamacare as AG Brad Schimel seeks to strike it down
U.S. Supreme Court: Slip opinion -- California et al v. Texas et al
Congressional Research Service: Supreme Court Dismisses Challenge to the Affordable Care Act in California v. Texas
Civic Media: Judge Crawford Addresses Key Issues in Wisconsin Supreme Court Race
KFF: KFF Health Tracking Poll: The Public’s Views on the ACA
KFF: KFF Health Tracking Poll: The Public’s Views on the ACA by party ID
Wisconsin governor: Gov. Evers, OCI Announce a Record-Breaking 313,579 Wisconsinites Enroll in Health Coverage on HealthCare.gov
Centers for Medicare & Medicaid Services: Marketplace 2025 Open Enrollment Period Report: National Snapshot

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