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Shirley Abrahamson

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Shirley Schlanger Abrahamson (December 17, 1933 – December 19, 2020) was the 25th chief justice of the Wisconsin Supreme Court. An American lawyer and jurist, she was appointed to the court in 1976 by Governor Patrick Lucey, becoming the first female justice to serve on Wisconsin's highest court. She became the court's first female chief justice on August 1, 1996, and served in that capacity until April 29, 2015. In all, she served on the court for 43 years (1976–2019), making her the longest-serving justice in the history of the Wisconsin Supreme Court.

Shirley Abrahamson
25th Chief Justice of the Wisconsin Supreme Court
In office
August 1, 1996 – April 29, 2015
Preceded byRoland B. Day
Succeeded byPatience D. Roggensack
Justice of the Wisconsin Supreme Court
In office
September 7, 1976 – August 1, 2019
Appointed byPatrick Lucey
Preceded byHorace W. Wilkie
Succeeded byBrian Hagedorn
Personal details
Born
Shirley Schlanger

(1933-12-17)December 17, 1933
New York City, U.S.
DiedDecember 19, 2020(2020-12-19) (aged 87)
Berkeley, California, U.S.
Spouse
Seymour Abrahamson
​
​
(m. 1953⁠–⁠2016)​
Children1
EducationNew York University (BA)
Indiana University, Bloomington (JD)
University of Wisconsin, Madison (LLM, SJD)

Early life and career

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Abrahamson was born Shirley Schlanger in New York City, the daughter of Polish Jewish immigrants, Leo and Ceil (Sauerteig) Schlanger.[1][2] She graduated from New York's Hunter College High School and in 1953 received her bachelor's degree from New York University.[3] She continued her education at Indiana University Law School, earning her J.D. in 1956 with high distinction and graduating first in her class.[1][4] At Indiana, she met her husband, Seymour Abrahamson, and moved with him to Madison, Wisconsin, for his post-doctoral work in zoology.[1]

In Madison, Abrahamson joined the University of Wisconsin faculty as a lecturer in constitutional law and political science, and worked as a research assistant at the law school.[5] She continued her education at the University of Wisconsin Law School and earned a S.J.D. in American legal history in 1962, writing her doctoral thesis on the legal history of Wisconsin's dairy industry.[6]

Also in 1962, at age 28, Abrahamson became the first female lawyer hired by the Madison law firm La Follette, Sinykin, Doyle & Anderson. Within a year, she was named a partner in the law firm.[5] She practiced law at the firm (later known as La Follette, Sinykin, Anderson & Abrahamson) for the next 14 years and continued teaching at the University of Wisconsin Law School.[1]

Judicial career

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On August 6, 1976, Governor Patrick Lucey appointed Abrahamson to the Wisconsin Supreme Court, filling the vacancy caused by the death of justice Horace W. Wilkie.[7][8] On September 7, she was sworn in as the first woman to serve on Wisconsin's highest court.[9] Lucey said he hoped her appointment would encourage more women to become involved in law and government, adding, "It is appalling that currently there are no women serving on any level in the state judicial system."[9] Abrahamson was elected to a full term on the court in 1979, with 65% of the vote.[10] She was reelected in 1989, 1999, and 2009—one of the few Wisconsin judges to face an opponent in each of her elections.[citation needed]

Under the Wisconsin constitution, from 1889 until 2015, the chief justice of the Wisconsin Supreme Court was determined by seniority—the longest-serving member of the court would become the chief justice until death or retirement. In 1994, longtime chief justice Nathan Heffernan announced he would retire at the end of his term, set to expire July 31, 1995.[11] His successor by seniority was Justice Roland B. Day, who, at age 76, was also planning to retire at the end of his current term, ending July 31, 1996.[11] Abrahamson was the next most senior member of the court. On his ascension to chief justice, Day told Abrahamson, "I'm going to be chief for a year. You're going to be chief for a long time."[12] On August 1, 1996, Abrahamson became the Wisconsin Supreme Court's first female chief justice.[13] True to Day's prediction, she became the second longest-serving chief justice in Wisconsin history.[7]

Abrahamson authored more than 450 majority opinions and participated in more than 3,500 written decisions of the court. She was involved in deciding more than 10,000 petitions for review, bypasses, certifications and lawyer and judicial discipline cases.[14]

Abrahamson was a member of the Council of the American Law Institute and served on the board of directors of the Dwight D. Opperman Institute of Judicial Administration at New York University School of Law. She has been president of the Conference of Chief Justices and chair of the Board of Directors of the National Center for State Courts and has served on the Board of Visitors of several law schools. She served as a member of the United States National Academies Committee on Science, Technology and Law, and was chair of the National Institute of Justice Committee on the Future of DNA Evidence.[7]

In 1997 Abrahamson was elected a Fellow of the American Academy of Arts and Sciences,[15] and in 1998 she was elected a member of the American Philosophical Society,[16] two scholarly societies in the United States. She was a member of the Wisconsin Academy of Arts and Sciences. In 2004 she was awarded the first annual Dwight Opperman Award for Judicial Excellence by the American Judicature Society. She has received the Margaret Brent Award from the American Bar Association.[17]

Abrahamson has received numerous other awards and 15 honorary degrees from universities and colleges across the U.S. She is featured in Great (Top 100) American Judges: An Encyclopedia (2003), The Lawdragon 500 Leading Lawyers in America (2005), and The Lawdragon 500 Leading Judges in America (2006).[citation needed]

Chief Justice amendment controversy

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In the April 2015 spring election, voters narrowly approved an amendment to the Wisconsin constitution that changed the way that the chief justice of the Supreme Court was selected. Since 1889, the justice with the most seniority held the position, but the amendment allowed court members to choose the chief. According to Abrahamson's opinion in the 2002 case State v. Gonzalez, "[U]nless a constitutional amendment provides otherwise, it takes effect upon the certification of a statewide canvass of the votes." Thus on April 29, 2015, the same day the Wisconsin Government Accountability Board certified the vote canvass, the conservative majority on the court elected Patience D. Roggensack as the new chief justice.[18]

Abrahamson filed a federal lawsuit challenging the immediate implementation of the constitutional amendment, contending that she should remain chief justice until the expiration of her term in 2019. Her lawsuit was heard on May 15, 2015. Five of the seven justices asked the federal judge to dismiss Abrahamson's lawsuit.[18] That day, the federal court denied Abrahamson's request for immediate reinstatement as chief justice. U.S. District Judge James D. Peterson determined there was no harm in Roggensack serving as chief justice while Abrahamson's lawsuit continued.[19] Abrahamson appealed that decision to the U.S. Seventh Circuit Court of Appeals,[20][21] but dropped the lawsuit on November 10, deciding that no matter what happened in her lawsuit, her term would be close to ending by the time the litigation finally ended.[22]

Retirement

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On May 30, 2018, Abrahamson announced she would not seek reelection to the Wisconsin Supreme Court in 2019.[23] She left office July 31, 2019, having served for 43 years—the longest term in the Court's history.[24][25] She was the only woman on the high court from 1976 until 1993; in her final three years, the court had a 5–2 female majority.[26]

Personal life

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Shirley Schlanger took the last name Abrahamson when she married Seymour Abrahamson in August 1953. Seymour was a professor of zoology and a world-renowned geneticist. They had one son, Daniel, who followed his mother into the legal profession. The Abrahamsons had been married nearly 63 years at the time of Seymour's death from cancer in July 2016.[27]

In August 2018, Justice Abrahamson announced she had been diagnosed with cancer.[28] Following her retirement, she moved to Berkeley, California, to be closer to her son and his family and went into hospice care in 2020. Due to the COVID-19 pandemic, she was mostly only able to interact with her family through a window or via video call, but was able to see her son in person shortly before her death. She died of pancreatic cancer on December 19, 2020.[24][29]

Electoral history

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Wisconsin Supreme Court (1979)

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Wisconsin Supreme Court Election, 1979[10]
Party Candidate Votes %
General Election, April 3, 1979
Nonpartisan Shirley S. Abrahamson (incumbent) 547,003 65.13%
Nonpartisan Howard H. Boyle Jr. 292,919 34.87%
Plurality 254,084 30.25%
Total votes 839,922 100.0%

Wisconsin Supreme Court (1989)

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Wisconsin Supreme Court Election, 1989[30]
Party Candidate Votes %
General Election, April 4, 1989
Nonpartisan Shirley S. Abrahamson (incumbent) 485,169 54.97%
Nonpartisan Ralph Adam Fine 397,378 45.03%
Plurality 87,791 9.95%
Total votes 882,547 100.0%

Wisconsin Supreme Court (1999)

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Wisconsin Supreme Court Election, 1999[31]
Party Candidate Votes %
General Election, April 6, 1999
Nonpartisan Shirley S. Abrahamson (incumbent) 481,281 63.41%
Nonpartisan Sharren B. Rose 276,584 36.44%
Scattering 1,100 0.14%
Plurality 204,697 26.97%
Total votes 758,965 100.0%

Wisconsin Supreme Court (2009)

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Wisconsin Supreme Court Election, 2009[32]
Party Candidate Votes %
General Election, April 7, 2009
Nonpartisan Shirley S. Abrahamson (incumbent) 473,712 59.67%
Nonpartisan Randy R. Koschnick 319,706 40.27%
Scattering 446 0.06%
Plurality 154,006 19.40%
Total votes 793,864 100.0%

See also

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References

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  1. ^ a b c d Davidoff, Judith (June 20, 2019). "The legacy of Shirley Abrahamson". Isthmus. Retrieved December 20, 2020.
  2. ^ Sleeman, Elizabeth (2001). The International Who's Who of Women 2002. ISBN 9781857431223.
  3. ^ Johnston, Laurie (March 21, 1977). "Competition Intense Among Intellectually Gifted 6th Graders for Openings at Hunter College High School". The New York Times. Retrieved May 11, 2010.
  4. ^ Wisconsin Legislative Reference Bureau (2017). "Elected Officials: State Supreme Court Justices" (PDF). Wisconsin Blue Book 2017-2018 (Report). Madison, Wisconsin: State of Wisconsin. p. 6. ISBN 978-0-9752820-9-0. Retrieved December 20, 2020.
  5. ^ a b "Mrs. Abrahamson Joins Law Firm". Wisconsin State Journal. July 6, 1963. p. 7. Retrieved December 20, 2020 – via Newspapers.com.
  6. ^ Marston, Louise C. (August 5, 1962). "She's a Lawyer!". Wisconsin State Journal. p. 53. Retrieved December 20, 2020 – via Newspapers.com.
  7. ^ a b c "Justice Shirley S. Abrahamson". Wisconsin Court System. Retrieved December 20, 2020.
  8. ^ Simms, Patricia (August 7, 1976). "Woman justice is a lawyer first". Wisconsin State Journal. p. 19. Retrieved December 20, 2020 – via Newspapers.com.
  9. ^ a b Pommer, Matt (September 7, 1976). "Abrahamson Takes Judicial Oath". The Capital Times. p. 1. Retrieved December 20, 2020 – via Newspapers.com.
  10. ^ a b Wisconsin Legislative Reference Bureau (1979). "Elections" (PDF). In Theobald, H. Rupert; Robbins, Patricia V. (eds.). The state of Wisconsin 1979-1980 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. p. 884. Retrieved December 20, 2020.
  11. ^ a b Segall, Cary (April 21, 1994). "Justice Heffernan to step down in '95". Wisconsin State Journal. p. 17. Retrieved December 20, 2020 – via Newspapers.com.
  12. ^ Cullen, Sandy (July 29, 2008). "Service, Family Important to former chief justice". Wisconsin State Journal. Retrieved December 20, 2020.
  13. ^ Miller, Mike (August 1, 1996). "Abrahamson takes over as chief justice". The Capital Times. p. 3. Retrieved December 20, 2020 – via Newspapers.com.
  14. ^ Lueders, Bill (March 12, 2009). "Wisconsin Supreme Court incumbent Shirley Abrahamson: Without an agenda". Isthmus. Retrieved December 20, 2020.
  15. ^ "Book of Members, 1780-2010: Chapter A" (PDF). American Academy of Arts and Sciences. Retrieved 20 March 2011.
  16. ^ "APS Member History". search.amphilsoc.org. Retrieved 2021-12-06.
  17. ^ "Previous Margaret Brent Women Lawyers of Achievement Award Recipients". American Bar Association. Retrieved March 26, 2020.
  18. ^ a b Marley, Patrick (April 29, 2015). "State high court quickly ousts Shirley Abrahamson as chief justice". Milwaukee Journal Sentinel. Retrieved December 20, 2020.
  19. ^ Schultz, Rob (May 16, 2015). "Judge denies Shirley Abrahamson's bid to be immediately reinstated as chief justice". Wisconsin State Journal. Retrieved December 20, 2020.
  20. ^ "Shirley Abrahamson files appeal in attempt to stay chief justice". Milwaukee Journal Sentinel. Associated Press. May 27, 2015. Retrieved December 20, 2020.
  21. ^ Glaze, Jeff (July 31, 2015). "Federal judge tosses Shirley Abramhamson lawsuit". Wisconsin State Journal. Retrieved December 20, 2020.
  22. ^ Beck, Molly (November 10, 2015). "Shirley Abrahamson drops lawsuit to regain chief justice title". Wisconsin State Journal. Retrieved April 6, 2016.
  23. ^ Johnson, Shawn (May 30, 2018). "Longtime Wisconsin Justice Shirley Abrahamson Won't Seek Re-Election". Wisconsin Public Radio. Retrieved December 20, 2020.
  24. ^ a b Marley, Patrick (December 20, 2020). "Shirley Abrahamson, longest-serving member of Wisconsin Supreme Court, dies at 87". Milwaukee Journal Sentinel. Retrieved December 20, 2020.
  25. ^ Journal, Elizabeth Beyer | Wisconsin State Journal, Emily Hamer | Wisconsin State (21 December 2020). "Former Wisconsin Supreme Court Chief Justice Shirley Abrahamson dies at 87". madison.com. Retrieved 2020-12-31.{{cite web}}: CS1 maint: multiple names: authors list (link)
  26. ^ Beck, Molly (May 8, 2016). "'The mighty five': Wisconsin tops nation in percentage of female Supreme Court justices". Wisconsin State Journal. Retrieved December 20, 2020.
  27. ^ Derby, Samara Kalk (July 24, 2016). "Geneticist Seymour Abrahamson, justice's husband, dies". Wisconsin State Journal. Retrieved December 20, 2020.
  28. ^ Marley, Patrick (August 31, 2018). "Wisconsin Justice Shirley Abrahamson says she has cancer but plans to finish term in 2019". Milwaukee Journal Sentinel. Retrieved December 20, 2020.
  29. ^ Dean, Katie (December 20, 2020). "Former Wisconsin Supreme Court Chief Justice Shirley Abrahamson dies at 87". The Capital Times. Retrieved December 20, 2020.
  30. ^ Wisconsin Legislative Reference Bureau (1989). "Elections" (PDF). In Barish, Lawrence S.; Theobald, H. Rupert (eds.). State of Wisconsin 1989-1990 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. p. 887. Retrieved December 20, 2020.
  31. ^ Wisconsin Legislative Reference Bureau (1999). "Elections" (PDF). In Barish, Lawrence S.; Meloy, Patricia E. (eds.). State of Wisconsin 1999-2000 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. p. 851. Retrieved December 20, 2020.
  32. ^ Results of Spring General Election - 04/07/2009 (PDF) (Report). Wisconsin State Elections Board. April 27, 2009. p. 1. Retrieved December 20, 2020.
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Legal offices
Preceded by Justice of the Wisconsin Supreme Court
1976–2019 		Succeeded by
Preceded by Chief Justice of the Wisconsin Supreme Court
1996–2015 		Succeeded by
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