This Week in Abortion: 2025 Elections
A collection of good reads, events from the week, and policy insights.
Happy Saturday! There are always a few critical elections in odd-numbered years. Today we’re talking about Wisconsin, where a Supreme Court election is just around the corner, and Virginia, where the Governor and all state representatives are up for election.
2025 Elections
Wisconsin - Wisconsin Supreme Court | Special General | April 1
We are currently waiting for an opinion from Wisconsin’s Supreme Court on the enforceability of a law from 1894 that bans most abortion. A second case, on the constitutionality of the law, is before the Court but has yet to be scheduled for a hearing. In this environment, the two candidates in the April 1 special election each have clear slants when it comes to abortion:
Judge Susan Crawford, previously represented Planned Parenthood, criticized Dobbs, and while not explicitly on the record, has generally implied that she would rule in favor of access in the cases pending.
Judge Brad Schimel has stated that he believes the 1849 abortion ban is legal and in 2012 endorsed a Wisconsin Right to Life argument supporting this view. He is generally skeptical that Wisconsin’s Constitution protects access to abortion.
The election will decide whether Wisconsin’s Supreme Court continues to have a “liberal” majority (4-3). Spending on the race has surpassed $30 million.
By the way, if this seems familiar, it should. The 2023 race was a similarly high-profile contest that drew national attention and shifted the court majority. Like the current race, it saw substantial involvement from outside donors and political figures, raising concerns about the influence of national politics on state judicial elections.
Virginia - Exec & Leg | Primary June 17 | General November 4
Virginia’s off-year executive and legislative elections are always watched as a sign of broader political trends heading into the midterms. This Governor’s race is also an interesting one for access policies in the state. Although the primary has yet to take place, the race is already presumed to be between a Republican and Democrat (cause when isn’t it?) with predictable stances on abortion.
Abigail Spanberger, a former U.S. House representative, is the unchallenged Democratic nominee. Spanberger co-sponsored an effort to repeal the Comstock Act.
Winsome Earle-Sears (R), who currently serves as Lt. Governor, is a regular speaker at Virginia’s March for Life. Although Earle-Sears started the year as the presumptive Republican party nominee, a recent drop in the polls has led two new challengers to enter the primary race.
If Spanberger wins, it means policies previously vetoed by Governor Glenn Youngkin (R), like a bill creating a shield law, would have a good chance of success in the next session. Given Earle-Sears challengers are all coming from her right, it’s a good bet that they will continue the generous use of veto powers that Youngkin pioneered.
New Jersey and Pennsylvania are also holding relevant elections this year.
Pennsylvania’s Supreme Court retention elections could threaten the balance of the state’s supreme court.
Similar to Virginia, New Jersey will vote on all its executive positions and its lower legislative chamber. If a Republican is elected governor, the state might end up with a veto standoff similar to Virginia.
Good Reads
Criminalization of providers is one of the most effective ways to prevent access to abortion, including in life-threatening cases. Mabel Felix (Et al.) reminds us of those penalties and why they are such a problem. Although it’s less common, Anna Claire Vollers reviews lawmaker attempts to punish women who get abortions, including with homicide charges.
In anti-access states, passing a ballot initiative is just step one. Gloria Rebecca Gomez writes about this journey in Arizona.
Washington Watch
After push back from anti-abortion groups, Martin Makary hand-picked, Trump-backed, pick for Chief Counsel of FDA resigned just days into the role.
The States
Delaware
👍Delaware Senate votes to add abortion protections to the state constitution [Delaware News Journal]
Indiana
👎Resolution honoring pregnancy care centers passes easily [Indiana Capital Chronicle]
Kansas
👎Kansas Senate adopts plan to elect Supreme Court justices, a step toward overturning abortion rights [Kansas Reflector]
Kentucky
🙄Kentucky legislature approves late-breaking ‘clarification’ of state abortion law [Kentucky Lantern] But, as Jessica Valenti explains, the change could actually make it more difficult to get a life-saving abortion.
Louisiana
😡Louisiana mother pleads not guilty following abortion pill indictment. [LA Illuminator]
Maine
👍Maine Democrats call for $6 million in state funding for reproductive health care [Sun Journal]
Maryland
👍Bill creating abortion grant fund for under- and uninsured gains momentum in House, Senate [Maryland Matters]
Missouri
👎Missouri AG renews demand Planned Parenthood stop abortion procedure it isn’t offering [Missouri Independent]
Montana
👍Abortion restriction based on environmental impacts fails in Montana [Daily Montanan]
👍State court strikes down two abortion laws passed in ’23 [Daily Montanan]
Washington
👍Washington church loses appeal, can’t sue over state law mandating abortion coverage in employer health care [Courthouse News Service] If you love the drama of a court docket, this is a fun read.