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Wednesday, Apr 5 2023

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Wis. Abortion Laws To Be Shaped By State's Now Liberal-Leaning High Court

Judge Janet Protasiewicz was elected Tuesday to fill the open seat on Wisconsin's Supreme Court, in a closely watched race. Her win shifts the court's idealogical makeup to the left, which makes it more likely that a contested abortion ban could be struck down.

Liberals flipped the ideological makeup of Wisconsin鈥檚 Supreme Court on Tuesday. Janet Protasiewicz鈥檚 win in a high-stakes race for an open court seat means the new 4-3 majority is much more likely to strike down a controversial 19th century abortion ban there. Protasiewicz, a liberal judge from Milwaukee County, won her race, 56.9% to 43.1%, when the Associated Press called the race at 9:53 pm. She defeated conservative former state Supreme Court Justice Dan Kelly. The court is technically nonpartisan, but now has a 4-3 liberal majority through at least 2025. (Montellaro, 4/4)

A pre-Civil War law criminalizes abortion even in cases of聽rape or incest and only allows it if the mother's life is in danger. Republican lawmakers tried to add聽exceptions in 2022, but Democratic聽Gov. Tony Evers made clear he would聽veto聽any聽measure that upheld the overall ban. With a divided state government that puts the issue in the Wisconsin Supreme Court's hands. A ruling will likely be issued around a lawsuit brought by Democratic Attorney General Josh Kaul to block the law later this year. (Bailey, 4/4)

How the fall of Roe v. Wade has changed elections 鈥

The contest, which featured over $40 million in spending, was the most expensive judicial election in American history. ... Judge Protasiewicz, 60, shattered long-held notions of how judicial candidates should conduct themselves by making her political priorities central to her campaign. She made explicit her support for abortion rights and called the maps, which gave Republicans near-supermajority control of the Legislature, 鈥渞igged鈥 and 鈥渦nfair.鈥 (Epstein, 4/4)

While many candidates during the 1980s, 1990s and early 2000s had discernible ideological leanings, there was almost no relationship between electoral support for judicial candidates and presidential candidates of the corresponding political party. (Igielnik, 4/4)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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