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REMEMBER: Brad Schimel Called Wisconsin’s 1849 Abortion Law “Valid”

Mar 19, 2025

REMEMBER: Brad Schimel Called Wisconsin’s 1849 Abortion Law “Valid”

MADISON, Wis. — During last week’s debate, far-right candidate Brad Schimel doubled down on his extreme record opposing reproductive freedom. 

Brad Schimel has worked hard to dismantle reproductive freedom in Wisconsin—and we know he won’t change his stripes now. Brad Schimel confirmed he thinks Wisconsin’s archaic 1849 abortion ban is “valid” and that there is no constitutional right to abortion in the state. Wisconsinites deserve a Supreme Court justices who will defend our core freedoms, Brad Schimel will not be the one to deliver that.

Here’s more on Brad Schimel’s dangerous anti-abortion record:

  • Brad Schimel thinks the 1849 law is “valid”: As a candidate for the Wisconsin Supreme Court, Brad Schimel has reaffirmed his support for overturning reproductive rights and enforcing Wisconsin’s 1849 criminal abortion ban, which doesn’t include exceptions for rape, incest, or the health of the mother. Schimel has said, “the Wisconsin 1849 law is valid – there’s nothing in that law to make it invalid.” 
     
  • Brad Schimel wanted to keep the 1849 abortion ban on the books: Once again behind closed doors, Brad Schimel said he wanted to keep the 1849 abortion ban on the books before the fall of Roe just in case the court struck down reproductive freedom and the law could be enforced again.
     
  • Brad Schimel claimed “there is not a constitutional right to abortion” in Wisconsin: In reporting by the  Milwaukee Journal Sentinel, Schimel was revealed to have said behind closed doors, “There is not a constitutional right to abortion in our state constitution. That will be a sham if they find that.
     
  • Brad Schimel questioned “what is flawed?” about Wisconsin’s 1849 abortion ban: As Waukesha County District Attorney, Brad Schimel actively defended the 1849 ban by signing onto a legal white paper agreeing that it should be enforced if Roe was struck down. Schimel recently said “They’ve [the WI Supreme Court] got several issues in front of them. One is the 1849 ban on abortions, which, by the way, what is flawed about that law?”

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