Many of the country's most contested issues and hottest partisan politics are playing out in a race for the Wisconsin Supreme Court. The election is Tuesday.
At the state level, abortion rights, voting rights and the powers of public employee unions could all be in the balance in future court rulings.
And impacting the national scene, the court could determine whether the state redraws its congressional districts along lines that end up narrowing or ending the majority that Republicans hold in the U.S. House of Representatives.
Money is pouring in from around the country, with millions of dollars in support of the conservative candidate coming from billionaire Elon Musk, who visited the state Sunday night for a rally donning a cheesehead hat. He handed out $1 million to two people after a legal back-and-forth on whether the money amounted to bribing voters. The liberal candidate has received millions in support from billionaire George Soros, Illinois Democratic Gov. JB Pritzker, a Wisconsin philanthropist and others.
Spending on both sides is expected to reach $100 million, which is more than all but a few U.S. Senate races each cost last year. It's the most expensive state judge race ever, says The Brennan Center for Justice, a non-partisan think tank and democracy advocacy group.
Wisconsin's a swing state where President Trump narrowly defeated Kamala Harris in 2024. There's a Democratic governor, Tony Evers, and a Republican-controlled legislature. Tuesday's vote could be the first measure of Trump's popularity and Democrats' energy after the election five months ago. It could also be a referendum on Trump's close adviser, Musk.
Two county judges face off for a seat opening on the court
Supreme Court races are non-partisan in Wisconsin, so there won't be a "D" or an "R" next to the justices' names on the ballot, but they are generally described as either liberal or conservative. This race would replace one of the four liberal-leaning judges on the seven-judge court for a 10-year term.
Both candidates are county judges. Brad Schimel is a Waukesha County judge and former Republican Wisconsin attorney general. He's endorsed by Trump. Dane County Judge Susan Crawford was endorsed by former President Barack Obama last week.
Crawford worked as an assistant state attorney general and as chief legal counsel for former Democratic Gov. Jim Doyle. Schimel was Waukesha's district attorney and was elected state attorney general but lost a bid for a second term in that position in 2018.
With the heavy spending, voters are being barraged with ads on television, websites and mail by both campaigns and independent groups.
The issues: Abortion rights, voter ID, unions
The race has teed up many of the same issues as the last presidential election. On abortion rights, Crawford accuses Schimel of supporting an 1849 state law that is still on the books and before the court. It was used to block abortion in Wisconsin for over a year after the U.S. Supreme Court overturned the federal right to abortion in 2022. Currently, abortion is legal up to about 20 weeks of pregnancy.
Schimel acknowledges he has said the 1849 law is valid but says that abortion should be up to "the will of the people." Democrats note he's opposed abortion in the past. Crawford talks about how she represented Planned Parenthood of Wisconsin when she was a private attorney.
Wisconsin is also home to one of the country's biggest battles over labor rights. As an attorney, Crawford worked for teachers opposed to a 2011 law prohibiting most public employees from collective bargaining. A judge recently blocked that law, which could be headed to the state supreme court.
Meanwhile, Schimel has said he'll vote yes on a measure also on the ballot Tuesday to place voter ID requirements in the state constitution. Crawford says she doesn't think a judicial candidate should take a public position on something that could end up being interpreted by the court.
The Schimel campaign has also deployed an issue that GOP candidates say worked for them in 2024 — opposition to transgender rights. One campaign ad features a woman saying Crawford "sides with" radicals in favor of allowing "transitioning male teachers" in girls' bathrooms at school. Advocates for transgender rights say it's an example of fearmongering.
Musk's millions, his paid petition and the outside money
Elon Musk and groups linked to him have reportedly spent at least $20 million in support of Schimel. The Associated Press reports that they have run misleading ads that appear to be from the Crawford camp and highlight controversial buzzwords. Musk has also offered $100 to anyone who signs a petition against "activist judges" and gave away $1 million to two petition signers.
Musk says he's interested in the race because the court has power over redistricting for congressional elections and that if Crawford wins, "then the Democrats will attempt to redraw the districts and cause Wisconsin to lose two Republican seats."
Crawford supporters have highlighted Musk's involvement. "Elon Musk is really trying to buy a seat on the Wisconsin Supreme Court," Crawford says.
"I have no control over whatever any outside group does. I will enforce the law. I will apply the law the way the legislature has written it," Schimel said in the one campaign debate.
Musk has a matter in Wisconsin courts as CEO of Tesla. In January, the automaker sued seeking an exemption from a state law that bans car manufacturers from selling directly to consumers — as Tesla does — instead of going through dealers.
Crawford says his spending far exceeds her top donors. Her biggest financial backer appears to be Wisconsin philanthropist Lynde Uihlein, who the Brennan Center says has given $6.2 million. Soros has given $2 million.
This story was written by NPR's Larry Kaplow with reporting from Chuck Quirmbach and Maayan Silver of WUWM and Rich Kremer and Anya van Wagtendonk of Wisconsin Public Radio.
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