Today’s a big day in Wisconsin. The Milwaukee Journal-Sentinel has the story:

Voters head to the polls on Tuesday to choose which two jurists will compete to join the Wisconsin Supreme Court — a race unmatched in its consequence to policy in this battleground state, where conservatives and liberals are expected to raise and spend levels of cash not seen before in a judicial race.

Conservatives are defending their 4-3 majority on the court as Wisconsin Democrats seek to flip control of the court to liberal justices for the first time in more than a decade. The race comes in a year when the issue of abortion is top of mind after a dormant 19th century law banning the practice in nearly every situation has resurfaced following last year’s U.S. Supreme Court ruling overturning Roe v. Wade.

It’s basically understood that the Supreme Court election will determine how the Wisconsin Supreme Court ultimately rules on women’s reproductive rights. Maybe the liberal justice wins and women’s rights are restored and constitutionally protected. But then they’ll have another election and perhaps a conservative majority will reverse that ruling.

In a representative democratic system, legislatures are the venue for writing, amending and reversing laws. The courts are supposed to serve a different purpose, part of which is determining some things which are beyond the reach of legislatures. These are rights enjoyed by the people that lawmakers cannot infringe or violate. Those rights are not up for debate.

We enjoyed a half century of abortion rights falling into this category. It was better that way. Now we’re trying to protect those rights through the election of justices. I don’t think judges should be subject to elections, nor recall. I think term-limits are appropriate rather than lifetime appointments, and certainly judges should be impeached when it is warranted. But, as much as possible, we should make clear that courts are not legislatures and it’s preferable if judges aren’t pressured by the winds of transitory public opinion.

Naturally, even when the courts are constituted through executive appointments with legislative approval, there will be ideological majorities and minorities which can shift. The conservatives are ideologically opposed to women’s reproductive rights, and that should inform how people vote. But people should be voting for governors, presidents and legislators, not judges.

I hope the liberals win a majority on the Wisconsin Supreme Court, but it’s not right that this is how abortion rights will be decided there. For one thing, it won’t decide anything for long.