Brad Schimel Enters Race for Wisconsin Supreme Court Seat
Brad Schimel, a former Wisconsin attorney general and current Waukesha County Circuit Court judge, has announced his candidacy for a position on the Wisconsin Supreme Court. The election, scheduled for April 1, 2025, will see Schimel face off against Dane County Circuit Judge Susan Crawford.
Schimel has consistently pledged not to prejudge cases. However, he has expressed concerns that his opponent, Crawford, may rule unfavorably against Act 10, a law that limits public sector unions’ bargaining rights, and against the state’s “right-to-work” legislation, which permits employees to avoid union membership or contributions even if represented by unions.
During his campaign kickoff in November 2023, Schimel emphasized the need for fairness in the justice system, stating, “We need to restore confidence in the people of Wisconsin that the justice system will be fair and impartial. I will be honest about my principles, but will never prejudge a case and will never put my views above the law.”
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Despite this, his campaign website warns of potential judicial decisions that could overturn existing laws such as school choice, “right to work,” and voter ID if the opposing side wins.
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Controversial Laws Under Scrutiny
Wisconsin’s “right-to-work” law, enacted in 2015, has been a subject of debate. Business groups support it for reducing collective bargaining power, which can result in lower wages and benefits. In contrast, unions argue that such laws are detrimental to workers.
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In December 2024, Judge Jacob Frost ruled Act 10 unconstitutional due to its exemptions for certain public safety workers. Schimel’s campaign criticized this decision, suggesting that it was part of a broader agenda to dismantle unfavorable laws.
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The ruling is currently on hold, pending an appeal by Republican lawmakers, and may eventually reach the Wisconsin Supreme Court.
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Impact on Education and Workforce
John Havlicek, a former president of the La Crosse Education Association, noted that Act 10 has negatively impacted teacher recruitment and retention due to reduced salaries and benefits. “When I got hired, when they posted for a high school English job, they might have had 300 applicants. They might have interviewed 15 and then called five back for a second interview. Now we might have two applicants or five applicants. … It’s made it really hard to recruit.”
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Dan Bukiewicz, president of the Milwaukee Building Trades union, expressed concern over the long-term effects of Act 10 and the “right-to-work” law, stating, “It has not helped the average working person in Wisconsin at all.” He pointed out a shift toward private sector employment due to better compensation.
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Campaign Opposition and Judicial Ethics
Schimel’s past defense of both Act 10 and the “right-to-work” law during his tenure as attorney general has drawn criticism from labor groups who question his impartiality.
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Crawford, Schimel’s opponent, accused him of violating judicial ethics by commenting on cases, asserting, “He’s given his hot takes on cases headed to the Supreme Court based on what he reads in the newspapers.”
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Schimel’s campaign has not directly addressed these allegations but has criticized Crawford’s past legal challenges to Act 10, asserting she lacks impartiality.
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The Wisconsin Supreme Court recently faced similar concerns when Judge Janet Protasiewicz, a liberal, was elected. Republican lawmakers accused her of prejudging cases on abortion rights and gerrymandering, threatening impeachment if she participated in related cases. Protasiewicz denied any bias, writing, “I will set aside my opinions and decide cases based on the law.”
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Republican Assembly Speaker Robin Vos commented on the integrity of the court, stating, “If there’s any semblance of honor on the state Supreme Court left, you cannot have a person who runs for the court prejudging a case and being open about it, and then acting on the case as if you’re an impartial observer.”
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This story was originally published by The Wisconsin Independent.
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