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Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

Yes.

Brad Schimel, the conservative candidate in Wisconsin’s April 1 Supreme Court election, has supported Wisconsin’s 1849 abortion law but also says voters should decide abortion questions.

The liberal candidate, Susan Crawford, claimed Schimel “wants to bring back” the law, which bans abortion except to protect the mother’s life.

Wisconsin abortions were halted, due to uncertainty over the 1849 law, after the U.S. Supreme Court reversed Roe v. Wade in 2022, but resumed in 2023 after a judge’s ruling. 

The Wisconsin Supreme Court is deciding whether the 1849 law became valid with Roe’s reversal, said Marquette University law professor Chad Oldfather.

Schimel has campaigned supporting the law, asking “what is flawed” about it. He recalled in 2012 supporting an argument to maintain the law, to make abortion illegal if Roe were overturned.

Schimel said Feb. 18 Wisconsinites should decide “by referendum or through their elected legislature on what they want the law to say” on abortion.

This fact brief is responsive to conversations such as this one.

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Tom Kertscher joined Wisconsin Watch as a full-time Milwaukee-based reporter in October 2024 after starting as a freelance Fact Briefs reporter in January 2023. In addition to contributing to Wisconsin Watch’s collaboration with The Gigafact Project to combat online misinformation, he reports on Wisconsin policy, labor, energy and the rapid expansion of data centers across the state. Kertscher is a former longtime reporter at the Milwaukee Journal Sentinel, a contributing writer for Milwaukee Magazine and the author of two sports books, on Al McGuire and Brett Favre.