Wisconsin Supreme Court Stays Liberal Amid Trump and Musk Influence: NPR

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MADISON, Wis. – County Judge Susan Crawford has been elected to the Wisconsin Supreme Court, as reported by the Associated Press. Crawford defeated opponent Brad Schimel, who had support from Elon Musk and an endorsement from former President Donald Trump. Her victory ensures the court will maintain its 4-3 liberal majority.

The election was anticipated to be the most costly state supreme court election ever, as predicted by The Brennan Center for Justice. Combined spending by the candidates and their supporters reportedly exceeded $100 million.

The significant expenditure contributed to a contentious election cycle, partly due to the race’s national implications. The election was viewed as a reflection of voter sentiment and an early test of how one swing state would respond to figures aligned with Trump.

At approximately 9:30 p.m. local time, Crawford addressed her enthusiastic supporters, noting that Schimel had contacted her to concede. She remarked on Musk’s financial backing of her rival, stating, “As a little girl growing up in Chippewa Falls, I never could have imagined that I’d be taking on the richest man in the world for justice in Wisconsin — and we won,” while pledging to uphold fairness, impartiality, and common sense as a justice.

In his concession, Schimel acknowledged the results before his supporters, who expressed disagreement and accusations of foul play. He emphasized, “No, no, no, no. You gotta accept the results,” and continued to perform with his classic rock band before and after conceding.

As of 11:15 p.m. local time, with 94 percent of votes counted, Crawford was leading with 54.4% to Schimel’s 45.6%. Voter turnout was notably high for a judicial election.

Critical issues the court may soon address include abortion, specifically regarding whether a pre-Civil War ban overrules existing state law permitting abortions up to 20 weeks. Additionally, a case on the 2011 law that prohibited most public employees from collective bargaining will be considered.

Elon Musk’s involvement highlighted the potential for the court to redraw voting districts, potentially impacting the Republican majority in the U.S. House of Representatives. Musk, along with allied groups, contributed approximately $20 million to support Schimel, a conservative candidate. He also offered financial incentives, including $100 for signing a petition against “activist judges” and distributing $1 million to two rally attendees.

Musk’s company, Tesla, is engaged in legal action against Wisconsin to challenge laws prohibiting direct-to-consumer car sales, which state law currently restricts to dealerships.

Crawford, raised in northwestern Wisconsin, began her career working under former Democratic Governor Jim Doyle, serving first as his assistant attorney general, then as his general counsel. As a private attorney, she focused on cases regarding reproductive and voting rights, representing clients such as Planned Parenthood and unions, and contesting Wisconsin’s voter ID law. In 2018, she was elected as a circuit court judge in Dane County, which includes the capital city, Madison.

Schimel, a judge in Waukesha County, previously served as the Republican state attorney general, supporting the voter ID law and defending the validity of the old abortion statute, while asserting it should reflect the “will of the people.”

Crawford and her supporters sought to position Schimel as connected to the Trump administration, contrasting him with her evidence-based, balanced judicial approach, especially on women’s issues. She benefited from the Wisconsin Democratic Party’s support, which invested at least $10 million in her campaign. Notable national donors, such as Illinois Governor JB Pritzker, George Soros, and the Schusterman family, also contributed, alongside endorsements from figures like former President Barack Obama, various labor unions, Planned Parenthood, and EMILY’s List.

Schimel secured significant funding from conservative entities, such as Richard and Elizabeth Uihlein’s Fair Courts America PAC, and received at least $9 million from the Wisconsin GOP.

Neither candidate committed to recusing themselves from cases involving the state parties or prominent contributors. Each accused the other of strong donor influence, even though state law provides judges considerable discretion on recusal decisions.

Crawford is scheduled to be sworn in on August 1, beginning a ten-year term.

The article credits Anya van Wagtendonk, Wisconsin Public Radio’s state capitol reporter, and Rich Kremer of Wisconsin Public Radio for contributing to the coverage.

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