 Lubar Center Director Derek Mosley (L) interviews Judge Brad Schimel (R) on Tuesday, Feb. 18, 2025, at Marquette University Law School. Photograph by Margo Kirchner. By Margo Kirchner Wisconsin Supreme Court candidate Brad Schimel told a crowd straight out that he’s an originalist and that the “judicial branch was always intended to be the weakest.” In seeming contradiction, he also said that a judge should keep an open mind until all evidence and arguments are in. The remarks were made at a “Get to Know” forum held Tuesday afternoon by the Lubar Center at Marquette University Law School, hosted by Director Derek Mosley. A recording of the one-hour forum is available. Schimel, a Waukesha County Circuit Court judge, is competing with Dane County Circuit Court Judge Susan Crawford for an open seat on the Supreme Court created by Justice Ann Walsh Bradley’s retirement. Schimel said that running for the Supreme Court was not in his plans until the 2023 election campaign, during which time now-Justice Janet Protasiewicz’s comments while campaigning suggested in advance how she would rule. That campaign led him to run. Schimel said that “you have to commit as a jurist to have an open mind” and that “if you can’t make that commitment, you have no business putting that black robe on.” He said he would bring back objectivity: “no more prejudging stuff. Judges must set aside all the political noise to judge the cases before them, he said, adding “It’s liberating.” Originalism means the interpretation of a constitution or law in a way that jurists today believe the writers of the document meant when they wrote and passed it—in other words, its perceived original meaning. Three other Supreme Court justices have expressed their belief in originalism, meaning that Schimel's election to the court would make that a majority view. When pressed on originalism by an audience member who asked why Schimel thinks “the Founders had all this knowledge” that does not change over time, Schimel remarked that “the Constitution has to be an enduring document.” As for his judicial philosophy, in addition to being an originalist, he is a judicial conservative, which he said differs from a political conservative. He would “apply the law as written,” he said. He discussed how evictions are tough cases for him as a judge, but “it’s a contract” and “you don’t get to put your thumb on a scale,” he said. “It’s the law and you have to apply it.” An audience member asked Schimel what role he thought the government should have in a woman’s reproductive health. She prefaced her question with a statement that she is afraid of Schimel becoming justice because after she was the victim of a sexual assault, she feared an unplanned pregnancy. He responded that his children were unplanned pregnancies, which allowed his wife and him the ability to adopt them, and that the U.S. Supreme Court’s Dobbs decision put the decision in the hands of the people. “The body in control of this issue is the voters of Wisconsin,” he said, and told the woman he had no reason to fear him. “Judges and justices are disconnected” and do not make policy, he said in response to a question about lack of voter ability to change the law with “rigged” legislative districts. When asked about outside influence in the race to his benefit, in particular advertisement money and endorsements from Elon Musk, Schimel said he welcomed anyone who helps to get his message out but that he is “not running on anybody’s agenda.” “I can’t do anything to stop the money” coming in, he said. He referenced outside money supporting his opponent, too, from George Soros and the Illinois governor, and that “you can’t be for sale.” Schimel discussed his childhood and education, his work in a prosecutor clinic during law school, his first job in the district attorney’s office in Waukesha, and his eventual positions as district attorney, state attorney general, then judge. He said that “running for office is about making friends.” “I like that,” he added. Schimel’s term on the Waukesha County Circuit Court ends July 31, 2025, so if he loses the supreme court race he is out of the courts, which he noted at the forum. In response to Mosley’s questions about Schimel's proudest accomplishments, Schimel mentioned his work as DA in building a child advocacy center in Waukesha to help child victims and their families; his work as attorney general in developing a successful drug take-back program, an office of school safety, and a chaplain program for law enforcement; and as judge presiding over a drug treatment court. Treatment courts, which address underlying causes of crime and help those who are struggling to succeed, “are one of the best things we’ve ever done,” he said. Schimel noted that throughout his career he has learned that things are not black and white—most things are grey. He said that in criminal cases in the trial court the judge is the least powerful person in the room, as the prosecutor holds the power, until sentencing. When asked about what needs to change in the justice system, Schimel pointed to the need for more defense attorneys because defendants are waiting too long in custody awaiting appointment of counsel. He also would like people to pay more attention to the judicial system, especially by voting in the April judicial elections. An audience member asked how he reconciled wanting voters to pay attention with his prior statement that the judiciary by design is the weakest branch of government. Schimel said that the weakness comes from the Founders’ documents and that he saw no inconsistency in the statements. He did, however, indicate that the courts do have a role in deciding what executive powers are legitimate. Immediately following the event, a handful of reporters sought to talk with Schimel, but his campaign staffer said he was on a schedule and could not stay. The staffer said reporters should email him, but one reporter said he had tried that three times with no response from the staffer.
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