Trump and Musk’s backing wasn’t enough to flip Wisconsin Supreme Court

MADISON, Wisc. – County judge Susan Crawford has won election to the Wisconsin Supreme Court, according to a race call by the Associated Press.

Crawford defeated Brad Schimel, who received financial support from Elon Musk and an endorsement from President Donald Trump. Her victory means that the nonpartisan court’s 4-3 liberal majority will remain in place.

The race was projected to be the most expensive state supreme court election ever by The Brennan Center for Justice, a think tank and democracy advocacy group. Spending by the candidates and their supporters reportedly topped $100 million.

The money fueled a bruising election cycle. That’s in part because of the national stakes in the race, which was seen as a measure of voter sentiment and an early indication of how one swing state would respond to the involvement of Trump-aligned figures.

Shortly after 9:30 p.m. local time Crawford addressed cheering supporters and said Schimel had called her to concede the race. She referenced the money Musk had given in support of her opponent.

“As a little girl growing up in Chippewa Falls, I never could have imagined that I’d be taking on the richest man in the world for justice in Wisconsin — and we won,” Crawford said, vowing to be a “fair, impartial and common sense justice.”

Schimel told his supporters he had conceded. When some in the crowd yelled, “No,” or said the Democrats had cheated, he answered, “No, no, no, no. You gotta accept the results.” He played bass in his classic rock band before and after his concession.

As of 11:15 p.m. local time, 94 percent of the votes had been counted and Crawford was ahead 54.4% to Schimel’s 45.6%. Turnout was high for a judicial election.

Abortion, unions and maybe redistricting could be decided by the court

Among the issues before the court is abortion — and whether a pre-Civil War ban supersedes state law currently allowing abortion in Wisconsin up to about 20 weeks of pregnancy. Another case covers a landmark 2011 law that banned most Wisconsin public employees from collective bargaining.

Musk injected himself into the race saying the court could end up redrawing voting districts in a way that might cost Republicans their majority in the U.S. House of Representatives. He and groups aligned with him gave some $20 million to support Schimel, a conservative. He also offered $100 to people who signed a petition against “activist judges.” At a rally on Sunday, he gave out $1 million each to two attendees.

Musk’s company, Tesla, has sued the state of Wisconsin for the right to sell cars directly to consumers. Current state law says most cars must be sold through dealerships.

Crawford has worked on reproductive rights and voting rights as a private attorney

Born and raised in northwestern Wisconsin, Crawford shaped her early career alongside former Wisconsin Democratic Gov. Jim Doyle, first as his assistant attorney general, and later as his general counsel. She later worked as a private attorney on cases representing Planned Parenthood, unions, and challenging Wisconsin’s voter ID law. She was elected as a circuit court judge in Dane County, home to the capital city of Madison, in 2018.

Schimel, a Waukesha County judge, is a former Republican state attorney general who has backed the voter ID law and said the old abortion law was valid, but the issue should be subject to the “will of the people.”

Crawford and her backers sought to paint Schimel as an extension of the Trump White House and herself as the more measured jurist with a stronger record on women’s issues.

Crawford was supported by the Wisconsin Democratic Party, which contributed at least $10 million to her race. National megadonors like Illinois Gov. JB Pritzker, George Soros and the Schusterman family also contributed to the party.

She was also endorsed by former President Barack Obama, several labor unions, Planned Parenthood, and EMILYs List, a Washington, D.C.-based group that supports abortion rights candidates.

Schimel received huge sums from conservative backers including owners of the UIine packaging company, Richard and Elizabeth Uihlein, and their Fair Courts America PAC. Schimel also received at least $9 million from the Wisconsin GOP.

Neither Schimel nor Crawford would commit to recusing from hearing cases involving the state parties or other prominent donors. Both sought to portray the other as uniquely beholden to their donors, even as state law offers judges wide latitude when it comes to deciding how and when to recuse.

Crawford is to be sworn in on Aug. 1, to serve a term of ten years.

Anya van Wagtendonk is the state capitol reporter for Wisconsin Public Radio. Rich Kremer of Wisconsin Public Radio also contributed to this story.