MADISON, Wis. (AP) — The liberal candidate for a seat on the Wisconsin Supreme Court didn't back down from her support for abortion rights or her belief that the state's Republican-drawn legislative maps are unfair during a debate Tuesday in which her GOP-backed opponent accused her of being “bought and paid for” by Democrats.
Janet Protasiewicz called her conservative opponent, Dan Kelly, “a true threat to our democracy” because he consulted with Republicans about their plan to seat fake electors to support Donald Trump after he lost Wisconsin in 2020.
Whoever wins the April 4 election for a seat vacated by the retirement of a conservative justice will determine majority control of the court for at least the next two years, including leading up to the 2024 presidential election. Control of the court, which came within a vote of overturning Trump's 2020 defeat in the state, could be crucial, with abortion access, legislative redistricting, voting rights and other key issues at stake. The millions already spent have made it the most expensive state Supreme Court race in U.S. history.
Kelly repeatedly accused the Democratic-backed Protasiewicz of lying about his role in the fake elector plan, his abortion stance and other issues, telling her, “You’re willing to say anything to get what you want.”
Protasiewicz has focused her candidacy on her support for abortion rights, stopping just short of saying how she would rule on a lawsuit challenging the state's abortion ban first passed in 1849 — a year after statehood. She reiterated Tuesday that she hadn't made up her mind on how she would rule, but she said Kelly had.
“My personal opinion is that should be a woman’s right: to make a reproductive health decision. Period," she said. “If my opponent is elected, I can tell you with 100% certainty that (the) 1849 abortion ban will stay on the books."
Kelly defended his support from the state's three largest anti-abortion groups and said he made no pledge to them to uphold the ban, as Protasiewicz has alleged.
“This seems to be a pattern for you Janet, just tell a lie," Kelly said. “You don’t know what I’m thinking about that abortion ban. You have no idea. ... I had no conversations with those organizations about how I would rule on any issue, including the abortion issue.”
Kelly, who previously did work for Wisconsin Right to Life, has not said how he would rule on the challenge to the abortion ban should it reach the court. But he did write in a blog post years ago that everyone knows that abortion “takes the life of an unborn child.”
On redistricting, Protasiewicz was asked how she could fairly hear the case given that the Democratic Party has given her campaign $2.5 million. She said she would recuse herself from any case brought by the party, but challenges to the Republican-drawn maps are expected to come from others.
“The map issue is really kind of easy, actually," Protasiewicz said. "I don’t think anybody thinks those maps are fair. Anybody.”
Protasiewicz said she agreed with the liberal dissenting justices in a case that challenged the Republican-drawn maps.
“There you have it," Kelly said in response. "She just told you how she would resolve the case.”
Protasiewicz accused Kelly of being unfair with his campaign ads accusing her of handing down soft sentences in numerous criminal cases she has handled as a Milwaukee County circuit court judge.
“I have spent my entire career protecting this community,” she said.
Kelly, a former state Supreme Court justice, has long ties to the Republican Party, having previously worked for Republicans. Kelly was endorsed by Trump in 2020. This year, he has the backing of Scott Presler, a Virginia native who planned several “stop the steal” rallies and was on the U.S. Capitol grounds on Jan. 6, 2021. He was in Wisconsin in March helping to raise money and support for Kelly through personal appearances on conservative talk radio.
Protasiewicz's endorsements include Hillary Clinton, Planned Parenthood and EMILY’s List, which works nationwide to elect Democratic abortion rights supporters.
The debate at the Wisconsin Bar Association, co-sponsored by WISC-TV and WisPolitics.com, came on the same day that early, in-person voting began. Early voting runs through April 2.
Elizabeth Doe, 73, was the first person to cast a ballot in Wisconsin's liberal capital, Madison, doing so shortly after 9 a.m. at a community center. She said she voted for Protasiewicz because of her concerns over “reproductive rights.”
“You can't take that right away,” she said.
The contest has already broken national spending records for a Supreme Court race, with the two sides having spent at least $22 million to date. WisPolitics.com estimated that more than $30 million had been spent on the race as of last week, which would be roughly double the $15.2 million spent on a 2004 Illinois Supreme Court race that had held the mark as the most expensive.
Read Evers' announcement here.
Republican bill adds exceptions to WI abortion law, sparks swift objections and mixed reaction
By Mary Jo Ola, Mar 15, 2023
A group of Wisconsin Republican lawmakers announced their effort to add exceptions and updates to the state's 1849 abortion law.
The current law bans nearly all abortions unless the mother's life is in jeopardy. It took effect when the U.S. Supreme Court overturned Roe v. Wade last June.
The bill adds exceptions for rape and incest up until 12 weeks into a pregnancy. The bill also clarifies when abortions are allowed to protect the mother's life and health. It does not have a time limit in cases to ensure the mother's life is protected.
"We are trusting these families, these women and their husbands to make those decisions with her medical providers," said lead sponsor Sen. Mary Felzkowski.
Republicans brought back a bill to make birth control accessible through a pharmacist's prescription alongside the proposed changes to the state abortion law. Assembly Speaker Robin Vos wants the two to be seen as a package.
"We want to make the need for abortion rare. There is no one in our caucus who believes that we should be having an abortion for birth control," Speaker Vos said.
Gov. Tony Evers responded in a statement that said: "An overwhelming majority of Wisconsin supports restoring Roe and repealing our 1849-era criminal abortion ban, and I won't sign anything less."
Planned Parenthood Advocates of Wisconsin published a few tweets after the bill was introduced supporting the governor's position.
Organizations against abortion had mixed reactions to the bill.
Legislative director Gracie Skogman with Wisconsin Right to Life explained they support the update and clarification of the medical emergency piece. However, they are concerned about the rape and incest exception.
"It has always been the mission at Wisconsin Right to Life to protect and defend all life even in those heartbreaking cases. We want to provide a voice to those children and ensure that they are protected," Skogman said.
Matt Sande, legislative director with Pro-Life Wisconsin, called the bill disheartening. The group believes the current law is not strong enough and the legislature needs to ramp up efforts to provide care for the mother and baby, including paid family leave.
"They're trying to moderate the Republican position on abortion. They're trying to make it so-called more reasonable by adding these exceptions. Well, again, this is not a prudential decision," Sande explained.
Speaker Vos pushed that this effort was to find a middle ground with Democrats, however, several Democrats denounced the bill while reacting on social media.
Vos said they have the votes in the Assembly for the bill to add exceptions. The lead sponsor, Sen. Mary Felzkowski, said they do not yet have the needed 17 Republican votes in the Senate.
Supreme Court race: Protasiewicz, Kelly spar over Wisconsin's abortion law
By Charles Benson, Mar 01, 2023
MILWAUKEE — In less than 5 weeks, voters across Wisconsin will choose between Janet Protasiewicz and Daniel Kelly for a seat on the state's highest court.
The race has become very political with the election outcome determining control of the court's ideology.
TMJ4's Charles Benson joined 620 WTMJ's Steve Scaffidi to interview both candidates on an issue getting a lot of attention.
The battle for the open seat is supposed to be a nonpartisan election, but try getting voters to believe that.
"Not at all," said Marquette Junior Sherlean Roberts, a Political Science student closely watching the race.
One reason it has become so political is the hyper-partisan debate over what will happen to the state's 1849 abortion law that bans almost all abortions in the state.
Judge Janet Protasiewicz, the liberal candidate in the race, has been very vocal about her support for reproductive rights.
"I can tell you with 100% certainty that if Dan Kelly is elected to the Supreme Court that the 1849 abortion ban is going to stand," said Judge Protasiewicz.
Former Justice Dan Kelly says he's made no promises on how he would rule on the abortion law.
Justice Kelly is the conservative candidate in the race. He has been endorsed by Wisconsin Right to Life, which says it "endorses candidates who have pledged to champion pro-life values."
"My understanding is that their endorsement is of my judicial philosophy, not politics. Not issues but judicial philosophy," said Justice Kelly.
Kelly accuses his opponent of playing politics. "She's proposing to put her thumb on the scales of justice," he said.
Judge Protasiwicz is the first-ever judicial endorsement for the pro-choice group Emily's List. According to the group, "The rights and freedoms of millions of Wisconsinites hinge on a Wisconsin Supreme Court committed to reproductive freedom."
But Protasiewicz isn't saying with certainty what would happen to the 1849 law.
"I can't tell you that," said Judge Protasiewicz. "I can't tell you how that issue is going to be framed. I don't know how it's going to be brought in front of the Supreme Court."
For Roberts, her classroom conversations have taught her to ask the right questions.
"What do you want out of representation from a candidate? If you had a conversation with this candidate, do you feel like what you said to them would actually matter," said Roberts.
The general election is on April 4. The winning candidate's ten-year term begins in August.
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