Elon Musk-Backed Wisconsin Supreme Court Justice Thinks Women Are Too Emotional to Rule on Abortion

And that’s just the tip of the iceberg.

AbortionIn DepthPolitics
Elon Musk-Backed Wisconsin Supreme Court Justice Thinks Women Are Too Emotional to Rule on Abortion

On April 1, Wisconsin will hold a special election to replace a retiring liberal justice on the state Supreme Court. It’s set to be the most expensive state court race in U.S. history—breaking the record for a different Wisconsin Supreme Court seat in 2023, which saw candidates and PACs on both sides spend over $50 million. Liberal candidate Susan Crawford, a Dane County judge who formerly represented Planned Parenthood, a teachers union, and a voting rights organization, is squaring off against the Elon Musk-funded conservative candidate, prosecutor, and former state attorney general Brad Schimel. The race, which holds tremendous implications for abortion access and voting rights, will decide who holds a narrow majority in the Supreme Court of a key swing state.

Schimel—who served as AG from 2015 to 2019—has never been shy about his anti-abortion views, previously expressing support for the U.S. Supreme Court’s overturning of Roe v. Wade. But, while speaking on a local conservative radio program on Wednesday, Schimel made a series of jarringly sexist comments about the four liberal Wisconsin Supreme Court justices—who all happen to be women—and their arguments against the state’s 1849 total abortion ban (which has been blocked since 2023). 

“There were times that, when that camera went on several of the liberal justices—they were on the brink of losing it. You could see it in their eyes, and you could hear it in the tone of their voice. They are being driven by their emotions,” Schimel said, referring to footage of the oral arguments in November.  “A Supreme Court justice had better be able to set their personal opinions and their emotions aside and rule on the law objectively. This is—we don’t have that objectivity on this court.”

Liberal justices currently hold a 4-3 majority on Wisconsin’s Supreme Court for the first time in 15 years, since Janet Protasiewicz won her seat in 2023 by 11 points, running on strong support for abortion rights in the immediate aftermath of Dobbs v. Jackson Women’s Health. In 2022, Wisconsin began enforcing the 1849 ban after Dobbs, but abortion services resumed when lower courts blocked the ban pending a formal ruling from the state Supreme Court. The court is expected to rule against the ban later this year.

On Thursday, Schimel doubled down when asked about his comments. “It’s plainly clear that one of the justices, at least, was not able to stay objective. She had lost control of her emotions,” Schimel told reporters, again referring to video of the justices’ arguments. “Men do that, too, but she could not stay objective. In that case, she was literally yelling at an attorney.” 

The actual footage, reviewed and released by nonprofit newsroom Wisconsin Eye, shows all of the justices—including the three conservative justices—appearing to get relatively heated while discussing the abortion ban. One of them, liberal Jill Karofsky, argues that enforcing the 1849 law would mean “signing the death warrants” of women across the state. At no point does she yell or scream as Schimel suggests.

The four liberal justices issued a joint statement on Friday, characterizing Schmiel’s comments about them as “petty and personal attacks,” adding, “Unfortunately, Brad Schimel is showing he has an antiquated and distorted view of women. By suggesting that women get too emotional and are unfit to serve as judges and justices, he turns back decades of progress for women.” A spokesperson for Crawford’s campaign called Schimel’s comments “disgusting insults,” and “part of a pattern of disturbing behavior and extremism.” Haley McCoy, deputy communications director of Wisconsin Democrats, condemned Schimel’s “outdated insults” in a statement shared with Jezebel, claiming that he’s undermining “the authority of the Court before they hand down a ruling that doesn’t align with his personal political agenda.”

The current race is vital for reproductive rights, especially as Iowa, one of Wisconsin’s neighboring states, enforces a near-total abortion ban as of last summer. But the race has the potential to impact a range of issues. The court is slated to rule on redistricting efforts and could give Democrats two additional Congressional seats if liberals hold their majority. The liberal majority recently reinstated the use of absentee ballot drop boxes, which is key to making voting more accessible. In 2020, the court rejected a challenge from then-candidate Donald Trump to throw out hundreds of thousands of vote-by-mail ballots cast amid the covid pandemic. In response to how he would have ruled on Trump’s attempt to overthrow the Wisconsin election results, Schimel said, “I don’t know.” 

Crawford’s campaign has further criticized Schimel for his tenure as state attorney general, during which just nine of 6,000 rape kits in the state were processed in his first two years in office—before about 4,000 were tested shortly after he announced he would seek reelection in 2018. Schimel’s campaign responded with a statement claiming that Crawford is “lying and will happily do it at the expense of sexual assault survivors in her pursuit of power,” failing to offer an explanation for the concerns Crawford raised.

Also alarming, the Wisconsin Supreme Court is expected to rule on a case involving Musk’s company, Tesla, and whether car manufacturers can own dealerships, marking a pretty clear conflict of interest as Musk is funding Schimel’s campaign. As of the end of last month, Musk has poured at least $2.5 million behind Schimel, with the Associated Press recently reporting that a nonprofit funded by Musk simultaneously donated $1.6 million. Schimel has expressed gratitude for Musk’s support, and said he’ll follow judicial ethics rules if he wins the election and the Tesla case comes before the court—but he didn’t commit to recusing himself.

In 2024, Musk donated nearly $300 million to Trump’s campaign. He’s since repeatedly threatened to invest in primary opponents to any Congressional Republicans who don’t sufficiently vote with Trump, and invest in unseating Democrats across the country. 

To quote Musk posting on Twitter on any given day: Concerning!

 
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