Attendees applaud as Brad Schimel announces his run for Wisconsin State Supreme Court on Thursday, Nov. 30, 2023, in Waukesha, Wis.
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In Wisconsin, a pivotal election for the state Supreme Court is capturing national interest, reminiscent of a similar high-stakes race two years ago. This election, which features liberal judge Susan Crawford and conservative judge Brad Schimel, is drawing considerable attention and financial contributions from outside the state.
Historically, judicial elections were subdued, but the dynamics have shifted significantly. The 2023 Wisconsin Supreme Court race set a record for spending, and early predictions indicate that this year’s race could surpass that mark.
Nakedly Political
The current court race is officially nonpartisan but has seen heavy involvement from state and national political parties. High-profile donors, including Elon Musk, who contributed over $3 million to Schimel, and Democratic supporters like JB Pritzker and Reid Hoffman, backing Crawford, have contributed substantial amounts. The campaign ads have been contentious, accusing opponents of extreme partisanship.
Liberal Wisconsin Supreme Court candidate Susan Crawford at a campaign event on Feb. 13, 2025.
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High-cost court elections have become increasingly common nationwide. Pennsylvania, North Carolina, Ohio, and Michigan have all experienced significant spending in recent judicial races. This trend marks a departure from the once quiet and uncontested nature of judicial elections, a shift noted by political scientist Damon Cann.
Douglas Keith of the Brennan Center for Justice highlighted the rising awareness of the importance of state supreme courts. He compared the nature of these campaigns to major U.S. Senate races, noting how they have evolved from more subdued contests.
From the 1840s to the 2020s
Judicial elections in the U.S. date back to the 1840s, but it wasn’t until the 1980s that pro-business donors began to heavily influence these races, according to Charles Geyh, a judicial conduct expert. The influence of business groups shifted campaign messaging towards judges’ crime records, aligning with conservative interests.
Conservative Wisconsin Supreme Court candidate Brad Schimel at his campaign announcement on Nov. 30, 2023.
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Judicial campaigns began seeing television advertisements around the year 2000, marking a significant change in their visibility and the nature of these races. The 2011 Wisconsin Supreme Court race was criticized for its politicization and substantial spending, yet its cost pales in comparison to recent contests.
“A New Era of Judicial Politics”
The 2023 Wisconsin Supreme Court race, with its unprecedented $56 million in spending, is emblematic of a new era in judicial politics. The contest between Janet Protasiewicz and Dan Kelly centered significantly around issues such as abortion rights, especially in the wake of the U.S. Supreme Court’s reversal of Roe v. Wade.
According to Keith, abortion has been a major driver in high-cost court races, although other contentious issues like redistricting and election laws have also played roles in drawing attention to state supreme courts.
The Last Most Expensive Race in History
In the aftermath of the 2023 election, Protasiewicz’s victory and the liberal majority on the court led to significant legislative changes in Wisconsin, including the overturning of GOP-drawn district maps. Current legal battles, including those on abortion and collective bargaining, could be influenced by the outcome of this year’s election.
Then-Judge Janet Protasiewicz and former Justice Dan Kelly debate March 21, 2023, at the State Bar Center in Madison, Wis.
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Protasiewicz’s campaign focused on her judicial values, notably her support for abortion rights. She received significant financial backing from the Democratic party, which helped her secure a decisive victory over Kelly.
High-Cost Races for Independent Seats
This year’s election continues the trend of substantial campaign spending, with Crawford and Schimel raising millions through party contributions. The divided political landscape in Wisconsin enhances the strategic importance of the state Supreme Court, making it a battleground for political interests.
Experts warn of the potential influence of campaign donors on judicial decisions, raising concerns about the integrity and independence of the judiciary. Geyh emphasizes the need for judges to maintain neutrality, a challenging task following such expensive and contentious elections.
