Abortion, union rights and congressional maps at stake after liberals maintain majority on Wisconsin Supreme Court

MADISON, Wis. (CBS 58) -- Susan Crawford's election victory has solidified liberal's majority on the state Supreme Court at least until 2028, clearing the way for the court to tackle issues on abortion, union rights and redistricting.

Crawford will take the oath of office on Aug. 1st to replace outgoing liberal Justice Ann Walsh Bradley.

After liberals cemented their 4-3 majority on Tuesday, the attention now shifts to what cases the court is expected to decide in the coming weeks or next term.

Act 10

A 2011 law, known as Act 10, that effectively ended collective bargaining rights for most public workers and sparked massive protests at the state capitol is likely headed to the state Supreme Court.

In December, a Dane County judge struck down aspects of the law. The judges' ruling was put on hold, which means the law is still in effect.

The court is currently weighing whether to take the case directly before a state appeals court weighs in.

Some legal experts predict once the case is before the court, some liberal justices may not want to repeal aspects of Act 10 to try and protect their image.

"I think there are good reasons legally and politically as to why the state supreme court, even with a liberal majority, might be reluctant to strike down ACT 10," said Howard Schweber, Emeritus Professor of Political & Legal Studies at the University of Wisconsin-Madison.

Schweber said his prediction is largely based on possible political ramifications justices could face if they overturn the controversial law.

"I think that would really be something that would motivate Republican voters if it's overturned," Schweber said.

Abortion

This term, justices have appeared to be more cautious after deciding high profile cases last year impacting the state's legislative maps and absenteeballot drop boxes.

Since oral arguments in November, the court has not issued a ruling regarding the state's criminal abortion ban.

The court also hasn't scheduled oral arguments to hear Planned Parenthood's lawsuit arguing for a constitutional right to abortion. It's been over a year since parties in the case filed responses to the challenge.

"The delay in the abortion cases is a sign of caution that may reflect sensitivity to political image, if not consequences," Schweber said.

"I don't think the justices want to be viewed as extreme. I don't think the justices like being accused of being widely activist."

Congressional Maps

Many Republicans, including President Trump, fear Crawford's win will prompt Democrats to bring forth a new challenge to the congressional maps.

There's no current lawsuit challenging the current district lines. If one is filed, it could help Democrats flip two seats and regain control of congress.

Democratic U.S. House Minority Leader Hakeem Jeffries said a week before the election, electing Crawford was an important step to redraw congressional lines.

Crawford also received pushback from conservatives after joining a donor call coined as "chance to put two more House seats in play for 2026." During the campaign, Crawford declined to comment on a future challenge to the maps and downplayed addressing members on the donor call.

In December 2023, the state Supreme Court found the state's legislative maps to be unconstitutional. Therefore, it's not unlikely another redistricting challenge could come before the court.