Wispolitics reports that liberal Justice Rebecca Dallet has called for a more expansive reading of Wisconsin’s Constitution to provide broader protections for individual liberties than the Fourteenth Amendment to the U.S. Constitution. This drew a rebuke from conservative Justice Rebecca Bradley saying her colleague is issuing a “call for an antidemocratic power grab.” All this comes as the court is preparing to take a case that calls for the justices to find the state Constitution provides a right to abortion.
Justice Dallet argues the state Supreme Court has a long history of interpreting the state Constitution as providing greater protections of individual liberties than the U.S. Constitution. Neither constitution provides for any so-called “right” to abortion. Both clearly recognize and respect the right to life. To find a right to abortion in the state constitution, the court will have to make it up.