During the last two Wisconsin Supreme Court (SCOWI) elections, Justices Janet Protasiewicz and Susan Crawford made it explicitly clear throughout their campaigns how they would rule on a particular issue even before hearing the legal merits of the case. It was not about the rule of law or jurisprudence; it was about enacting their political agenda.
Yesterday, they made good on those promises as SCOWI voted to overturn Wisconsin's abortion law dating to 1849.
As part of their ruling, the liberal justices argued that the 1849 law was superseded by subsequent legislation.
JUST IN - Wisconsin Supreme Court strikes down 176-year-old abortion ban in a 4-3 ruling, stating a newer state law criminalizing abortions only after a fetus can survive outside the womb takes precedence. pic.twitter.com/nidGvpioEG
— Disclose.tv (@disclosetv) July 2, 2025
SCOWI's ruling is almost superfluous; the 1849 law was rendered moot in 2023, when -- once again -- a judge ruled the legislation didn't ban abortion, just feticide. That ruling made abortions up to the 20th week of pregnancy (the fifth month) legal in the state of Wisconsin.
In preparing to write this piece, I went through the X accounts of every Republican in the Wisconsin State Assembly.
Just four Assembly representatives posted about the ruling: Brill, Dittrich, Green, and Tusler.
What an absolutely appalling decision from the WI Supreme Court today.
— Representative Lindee Brill (@RepLindeeBrill) July 2, 2025
I will continue to fight to make abortion unthinkable in Wisconsin.#makeabortionunthinkable @LiveAction @ProLifeWI @WIFamilyAction #prolife #alllivesmatter #lifebeginsatconception @StudentsforLife pic.twitter.com/BdAijRt98E
Sad, but not surprised. You can read my full press release at: https://t.co/kOItjASSu7.#LifeMatters #LifeIsBeautiful #ProLife #ProWoman #Wisconsin pic.twitter.com/f9HgS2zXHk
— Rep. Barbara Dittrich (@RepDittrich) July 2, 2025
And while I welcome their statements, I'm going to focus on the two made by Reps. Green and Tusler.
I agree that the 1849 law should be amended, but how the WI Supreme Court decided this case was wrong.
— Rep. Chanz Green (@ChanzGreen74) July 2, 2025
The liberal majority's decision violates the separation of powers — changing laws is the legislature's job, not the court's.https://t.co/Jo3XJ6Utku
In the 24 hours since the SCOWI ruling, has Rep. Green put forth legislation to amend the 1849 law? What legislation will the Wisconsin GOP be putting forth concerning abortion in the state now that the abortion ban is no more?
What amendments are needed to be made to the abortion law, and when will the GOP put that before the body for a vote?
This isn't some arcane question of original intent. We do not need SCOWI to figure out what the legislature means. Go ask the legislature and make them explain the legislation. We don't need the courts to do that.
In her dissent, Justice Bradley rightly shamed the court for doing the job of the legislature, which Rep. Tusler praised:
Justice Rebecca Bradley nails it in her dissent in Kaul v Urmanski.
— Rep. Ron Tusler (@RepRonTusler) July 2, 2025
Well worth a read. pic.twitter.com/S0fMmC69vC
Justice Bradley is correct, which goes back to my original point: why isn't the GOP doing their jobs?
The Wisconsin GOP controls majorities in both the Assembly and the Senate, and while Democratic Governor Tony Evers would veto any abortion legislation sent to his desk, the GOP has an obligation to at least try. Put Evers on record as vetoing the bill.
Play political hardball.
If the argument is that 62% of Wisconsin voters support abortion in some cases, according to an AP poll, then put it to a referendum. It would -- by that logic -- pass easily.
But I also recall the Left saying most Americans support abortion and would never vote for Donald Trump because of his views on abortion. Yet Trump won in 2024 -- including Wisconsin -- despite his supposed stance on the issue.
So color me skeptical that it's as popular as the AP would have us believe.
But if that's the case, let the people decide. Because I also recall certain people saying Florida's Amendment 4 -- which would've made abortion a constitutional right -- would pass because most voters supported abortion. It failed.
Either way, at the end of the day, we cannot continue to be governed by black-robed judges.
That's the job of the people we elected to the legislature.
Now they need to do it.
