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'Will of the People Should Be the Law of the Land': WI Gov. Says Fight GOP With Voter-Led Initiatives
Gov. Tony Evers' suggested priorities for state ballot measures include abortion rights, expanding public healthcare for low-income people, gun safety reform, and marijuana legalization.
Jan 08, 2025
Amid discussions across the United States about how to fight for progressive policies given the federal government's looming Republican trifecta, Democratic Wisconsin Gov. Tony Evers on Wednesday renewed his call for letting voters in his state initiate ballot measures.
"Republicans' message to Wisconsinites is crystal clear—anything that gives the people of Wisconsin a voice and direct input on the policies of our state is 'dead on arrival,'" Evers said in a Wednesday statement. "That's breathtaking."
Wisconsin is among the two dozen U.S. states that don't allow citizen-initiated ballot measures, according to Ballotpedia. In the Badger State, only lawmakers can put a proposed constitutional amendment on the ballot, after it passes two consecutive legislative sessions.
Evers, who is halfway through his second term, is fighting for a citizen-initiated option, despite opposition from Republican state lawmakers. The governor is including his proposal for ballot measures from voters in his budget for 2025-27, as he detailed in a video posted on social media.
"The will of the people should be the law of the land. Republican lawmakers have repeatedly worked to put constitutional amendments on the ballot that Republicans drafted, and Republicans passed, all while Republicans refuse to give that same power to the people of Wisconsin. And that's wrong," Evers told reporters on Friday, according to the Milwaukee Journal Sentinel.
Despite new political maps for the November elections, Republicans retained control of the Wisconsin State Legislature, with a 54-45 majority in the Assembly and 18-15 majority in the Senate. Key lawmakers, including Assembly Speaker Robin Vos (R-63) and Senate Majority Leader Devin LeMahieu (R-9), have made their opposition to Evers' proposal clear.
While opposing Evers' effort to boost direct democracy in the state, Wisconsin's Republican legislators have taken advantage of the state's existing process. The Senate on Wednesday voted along party lines for a proposed constitutional amendment to require voter ID for elections—continuing a trend from last year.
Evers' office explained that "Wisconsinites saw five statewide referenda questions in 2024—the most in a single year in over four decades, according to a report from the Milwaukee Journal Sentinel—all of which were drafted, legislatively passed, and placed on the ballot by Republican lawmakers, largely without direct input from the people of Wisconsin."
The governor said Wednesday that "Republican lawmakers in the next week are set to add yet another constitutional amendment to the ballot while telling Wisconsinites they can't have that same power. If Republicans are going to continue to legislate by constitutional amendment, then they should be willing to give Wisconsinites that same opportunity. Pretty simple stuff."
His office also suggested some potential ballot measure priorities: "legalizing and regulating marijuana, ensuring access to safe and legal abortion, expanding BadgerCare, and enacting commonsense gun safety reform policies."
Amid a fresh wave of Republican policymakers' attacks on reproductive freedom in the wake of the U.S. Supreme Court's right-wing majority reversing Roe v. Wade in 2022, several states have passed protections via ballot measures, including 7 of 10 states in November. Another top priority in recent cycles has been measures to help workers, including raising the minimum wage.
"As Americans prepare for the conservative headwinds in Washington, ballot measures offer a way to circumvent regressive political agendas and partisan gridlock to make change for working families, according to the Fairness Project, an advocacy group that supports progressive citizen-led initiatives.
The Fairness Project last month released a report detailing how it "has an unmatched number of victories on progressive ballot measure campaigns across the country, having won a total of 39 campaigns across 20 states since 2016," including nine efforts in the last cycle.
"We won in some of the deepest red, most conservative places in our country," noted Kelly Hall, the group's executive director, in a statement. "We won against vehement opposition and politicians who tried to stack the odds in their favor. And we won on issues like abortion, paid leave, and raising the minimum wage—issues politicians have failed to advance for their constituents for decades."
"We're not stopping. In fact, we're going on offense," Hall added. "The power of ballot measures is that the American people don't have to wait—they can make change themselves. And we intend to support them with everything we have."
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More Than 120 House Democrats Call On Biden to Ratify ERA
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," said the lawmakers.
Dec 16, 2024
With weeks to go until President-elect Donald Trump is set to take office with a Republican trifecta in the White House, Senate, and House of Representatives, more that 120 Democratic lawmakers on Sunday called on President Joe Biden to take a crucial step toward protecting millions of Americans from Trump's far-right MAGA agenda by ratifying the Equal Rights Amendment.
The ERA was passed by Congress in 1972, and met the requirement for it to be ratified by three-fourths of U.S. states in 2020, when Virginia became the 38th state to ratify the amendment.
Yet during his first term, Trump and the Republican party blocked the implementation of the ERA, claiming that since nearly 50 years passed in between the amendment's passage and the meeting of the ratification requirement, the threshold was not achieved by the deadline set by Congress.
"No Republican would care about" the deadline, said journalist Emma Vigeland, "if roles were reversed."
Citing the U.S. Code, Reps. Ayanna Pressley (D-Mass.) and Cori Bush (D-Mo.)—co-chairs of the Congressional Caucus for the Equal Rights Amendment—led their colleagues in telling Biden that the national Archivist, Colleen Shogan, is required to certify an amendment "when the National Archives and Records Administration receives official notice that a proposed amendment to the Constitution has been approved by enough states."
All Biden has to do to ratify the amendment, which would explicitly outlaw sex and gender discrimination, is direct Shogan to publish the ERA, said the lawmakers.
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," wrote the representatives, including Reps. Alexandria Ocasio-Cortez (D-N.Y.), Maxwell Alejandro Frost (D-Fla.), and James McGovern (D-Mass.).
Earlier this month, 46 U.S. senators joined the call for Biden to ratify the ERA.
As Trump has bragged about his hand in the U.S. Supreme Court's overturning of Roe v. Wade and Republicans have advocated for a national abortion ban, reproductive right advocates have said that after being officially added to the U.S. Constitution, the ERA could be invoked by judges to overturn anti-abortion laws.
In Utah, a state-level ERA was invoked in September to place an abortion ban on hold.
"A constitutional guarantee against sex discrimination would strengthen the protection of reproductive rights, ensuring that people have the right to make decisions about their own bodies without political interference or unequal treatment," wrote the lawmakers.
The signatories noted that portions of the Civil Rights Act and Education Amendments protect people from government-based sex discrimination, but gender equality is still "vulnerable to changes in the political landscape, judicial interpretations, and shifts in public opinion" because the Constitution does not explicitly protect it.
"By adding the ERA to the Constitution, it would establish an unambiguous guarantee that sex-based discrimination is unconstitutional," wrote the lawmakers. "The ERA would help eliminate gender-based pay gaps, improve workplace protections, and ensure that gender biases no longer affect hiring, promotions, or job security. With the ERA enshrined in the Constitution, people who experience sex-based discrimination would have a clearer legal path to challenge discriminatory laws or policies. California's state ERA did just that, securing protections for women in the workforce and ensuring equal treatment in education and healthcare."
By directing Shogan to ratify and publish the ERA, they added, Biden would be throwing his unequivocal support behind an amendment supported by 78% of Americans, according to a 2020 Pew Research Center poll.
Biden said on August 26, Women's Equality Day, that he has "long supported the ERA" and called on Congress "to act swiftly to recognize ratification of the ERA and affirm the fundamental truth that all Americans should have equal rights and protections under the law."
But by simply "directing the archivist to publish the ERA," said the lawmakers, Biden would "leave an indelible mark on the history of
this nation, demonstrating once again that your legacy is one of expanding rights, protecting freedoms, and securing a more inclusive future for all Americans. We urge you to take this final, transformative step toward ensuring the full promise of equality for every person in the United States."
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Texas Lawsuit Against New York Doctor Tests Abortion Provider Shield Laws
"It is important to remember that Dr. Carpenter did nothing wrong," said one legal expert. "Texas is trying to apply its laws extraterritorially."
Dec 13, 2024
"Time for shield laws to hold strong," said one reproductive rights expert on Friday as Texas Attorney General Ken Paxton announced a first-of-its-kind lawsuit against an abortion provider in New York.
Paxton is suing Dr. Margaret Daley Carpenter, co-founder of the Abortion Coalition for Telemedicine (ACT), for providing mifepristone and misoprostol to a 20-year-old resident of Collin County, Texas earlier this year.
ACT was established after the U.S. Supreme Court overturned Roe v. Wade in 2022, with the intent of helping providers in "shielded states"—those with laws that provide legal protection to doctors who send abortion pills to patients in states that ban abortion, as Carpenter did.
New York passed a law in 2023 stipulating that state courts and officials will not cooperate if a state with an abortion ban like Texas' tries to prosecute a doctor who provides abortion care via telemedicine in that state, as long as the provider complies with New York law.
Legal experts have been divided over whether shield laws or state-level abortion bans should prevail in a case like the one filed by Paxton.
"What will it mean to say for the GOP to say abortion should be left to the states now?"
"It is important to remember that Dr. Carpenter did nothing wrong," said Greer Donley, a legal expert and University of Pittsburgh law professor who specializes in reproductive rights. "She followed her home state's laws."
The Food and Drug Administration also allows telehealth abortion care, "finding it safe and effective," Donley added. "Texas is trying to apply its laws extraterritorially."
In the Texas case, the patient was prescribed the pills at nine weeks pregnant. Mifepristone and misoprostol are approved for use through the 10th week of pregnancy and are more than 95% effective.
The patient experienced heavy bleeding after taking the pills and asked the man who had impregnated her to take her to the hospital. The lawsuit suggests that the man notified the authorities:
The biological father of the unborn child was told that the mother of the unborn child was experiencing a hemorrhage or severe bleeding as she "had been" nine weeks pregnant before losing the child. The biological father of the unborn child, upon learning this information, concluded that the biological mother of the unborn child had intentionally withheld information from him regarding her pregnancy, and he further suspected that the biological mother had in fact done something to contribute to the miscarriage or abortion of the unborn child. The biological father, upon returning to the residence in Collin County, discovered the two above-referenced medications from Carpenter.
In the lawsuit, Paxton is asking a Collin County court to block Carpenter from violating Texas law and order her to pay $100,000 for each violation of Texas' near-total abortion ban.
Carpenter and ACT did not immediately respond to a request for comment on the case.
Caroline Kitchener, who has covered abortion rights for The Washington Post, noted that lawsuits challenging abortion provider shield laws were "widely expected after the 2024 election."
President-elect Donald Trump has said abortion rights should be left up to the states, but advocates have warned that the Republican Party, with control of the White House and both chambers of Congress, is likely to push a national abortion ban.
"The truce over interstate abortion fights is over," said legal scholar Mary Ziegler, an expert on the history of abortion in the U.S. "Texas has sued a New York doctor for mailing pills into the state; New York has a shield law that allows physicians to sue anyone who sues them in this way. What will it mean for the GOP to say abortion should be left to the states now?"
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