MAGA Supreme Court Candidate Brad Schimel Tries to Dodge His Record in Support of Banning Abortion in Wisconsin

Whether it was misleading political spin or he just has a bad memory, Brad Schimel’s claim on a recent right-wing radio show that he has never supported using an 1849 Wisconsin law to ban abortion is directly contradicted by his own words and actions.

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MADISON, Wis. — Whether it was misleading political spin or he just has a bad memory, Brad Schimel’s claim on a recent right-wing radio show that he has never supported using an 1849 Wisconsin law to ban abortion is directly contradicted by his own words and actions.

In a June 11 radio appearance, Schimel stated:

“They criticize Brad Schimel for his support of the 1849 abortion ban. First off, I’ve never made any statement regarding the 1849 abortion ban. All I’ve ever said, and all I’ve ever promised anyone in my campaign for supreme court is I will defend Wisconsin law.”

A Better Wisconsin Together Deputy Director Mike Browne commented, “Whether it was intentionally misleading political spin or a memory lapse, what Brad Schimel said simply isn’t true. In his writing, in his actions and in his own words Brad Schimel has been clear that he wants to ban abortion in Wisconsin, including using a law from 1849 to try to do it.”

In 2012, Brad Schimel signed onto a 2012 white paper, authored by Wisconsin Right to Life, supporting the legal conclusion that if the U.S. Supreme court decision in Roe v. Wade was overturned – as happened in the 2022 Dobbs decision – the existing but then-enjoined Wisconsin state statute from 1849 would prohibit abortion care in Wisconsin.

He was listed as agreeing with, “the content and conclusions of the legal white paper” including,

“Wisconsin is one of only a handful of states which retains a pre-Roe law that prohibits abortion. Along with several other states, Wisconsin enjoys the enviable position of being able to immediately protect unborn children once Roe is eliminated” and, “the only impediment to the enforcement of § 940.04 of the Wisconsin statutes is the Roe v. Wade decision.”

Mere weeks ago Schimel was reported as saying in a public appearance that he was firmly pro-life and the 1849 law he previously endorsed as banning abortion were the Roe decision to be overturned was valid.

Recent media reports also shine new light on how Schimel, during his one term as Attorney General, used his office to fuel the right-wing legal effort to strike down the U.S. Supreme Court decision in Roe v. Wade and eliminate federal abortion rights protections.

Browne concluded, “Brad Schimel wants to ban abortion, period. He can try to mislead or he can fail to remember what he has done, said, and written. But Brad Schimel can’t hide from the facts.”

A memo documenting Brad Schimel’s extensive efforts to ban abortion can be found here.

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A Better Wisconsin Together is a state-based research and communications hub for progressives and is an affiliate of ProgressNow.

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