MUSKEGO, Wisconsin — Sen. Ron Johnson (R-WI) has shifted his position on abortion in the wake of a Supreme Court decision overturning Roe v. Wade, belying Republican claims the issue was manufactured by the Democrats to distract voters from high inflation and rising crime.
Johnson, fending off Lt. Gov. Mandela Barnes (D) in his bid for a third term, has an established history of supporting measures curtailing abortion rights: co-sponsoring federal legislation to ban abortions after 20 weeks seven times since 2010; co-sponsoring a bill to extend constitutional protections to the unborn; and signing an amicus brief urging the Supreme Court to eliminate federal protections for abortion rights, as it did in Dobbs v. Jackson Women’s Health Organization.
But Johnson now opposes congressional action to restrict access to abortion, a significant switch with Republicans on the precipice of capturing the House, and possibly the Senate, in the midterm elections. Instead, the senator wants the politically charged issue to be decided in the states, although — in Wisconsin, at least — with a twist. Rather than having the state legislature (and the governor) decide, Johnson wants voters to decide directly via initiative.
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“I don’t want 535 members of Congress. I don’t want 132 members here in the state legislature. I want ‘we the people’ to decide,” Johnson told the Washington Examiner Saturday after being mobbed by voters with handshakes, selfie requests, and well-wishes for success on Nov. 8 while visiting an annual Oktoberfest gathering at a Moose Lodge in Muskego, an exurban community in the Republican stronghold of Waukesha County.
In Friday evening’s televised debate with Barnes, the senator explained that he also opposes the notion of “nine justices” rendering a final decision on abortion rights for all people, a clear reference to the Supreme Court, although he applauded the Dobbs decision when it was handed down in late June. Barnes, predictably, declared his support for national legislation preserving access to abortion at every stage of pregnancy.
“I would absolutely vote to codify Roe v. Wade to protect the right to an abortion,” he said.
Meanwhile, Johnson is qualifying his support for a voter initiative to decide abortion rights in Wisconsin. The senator wants a stand-alone referendum, voted on separately from other initiatives or elections for public office. He has even proposed a sample ballot of sorts, available on his website, which some Democrats argue is the senator’s strategy for deflecting potent attacks from Barnes on this issue.
In other words, for voters who might be concerned about Johnson’s opposition to abortion, he can point to the referendum as proof that he is not trying to impose his preference on Wisconsin. For voters for whom opposition to abortion is a major issue, Johnson can likewise point to his approach as creating a high bar for legalizing abortion rights in the state.
“I don’t want this on the ballot with other things. I want this a single-issue referendum,” Johnson said. “This is such an important issue — this profound moral issue, this consensus has been delayed for so long, but we the people ought to decide.”
Pre-Dobbs, abortion was legal in Wisconsin before 20 weeks of pregnancy, with a 24-hour waiting period and parental notice required.
Post-Dobbs, an 1849 law banning all abortions except for when the health of the mother was at risk, superseded by Roe, became newly operable. However, the statute is tied up in court challenges, with Democrats saying the law permitting abortions until 20 weeks holds primacy. Additionally, top Wisconsin Republicans say they would support legislation carving out exceptions for rape and incest.
Johnson-Barnes is a close race, befitting Wisconsin, a state that has seesawed between Democrats and Republicans over the past dozen years, reflecting the direction of national political winds.
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But after trailing his 35-year-old Democratic challenger late in the summer, Johnson has led in the polls consistently, for nearly four consecutive weeks, with political tailwinds and voters’ priorities — skyrocketing inflation, rising crime, President Joe Biden’s low job approval ratings — pointing toward victory.
The senator is under pressure mainly for his opposition to abortion rights, an issue post-Dobbs that has energized Democratic voters and helped Democrats close the enthusiasm gap with Republicans, although the GOP still has the edge.
