Wisconsin Justice Shirley Abrahamson says she has cancer but plans to finish term in 2019

Patrick Marley | Milwaukee Journal Sentinel

MADISON - Wisconsin Supreme Court Justice Shirley Abrahamson disclosed Friday that she has cancer and will likely be in a wheelchair when she hears arguments next week.

In an open letter released Friday, Abrahamson wrote that she still plans to complete her term that runs through next summer.

"The people of this state elected me to a position of public trust and responsibility, and I intend to keep that commitment," she wrote.

She did not say what type of cancer she has or when she was diagnosed.

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Abrahamson — the longest-serving member in the high court's history and its first female justice — in April said she was undergoing medical treatment without providing other details. In May, she announced she would finish her term but would not seek re-election next year.

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Abrahamson missed arguments in three cases in October 2017 for medical reasons and this spring began participating in arguments by phone.

The justices have had the summer off, but will begin hearing arguments again on Wednesday.

Abrahamson noted judges and justices have participated in cases by phone from time to time and that the Wisconsin justices handle many matters — such as votes on cases — by email.

"My own participation by phone may well continue on occasion," she wrote. "In the meantime, when I next appear in court, it probably will be in a wheelchair, but I will still have my voice and most of the time, a smile."

U.S. Supreme Court Justice Ruth Bader Ginsburg was treated in 1999 for colon cancer and had surgery in 2009 for pancreatic cancer. When she was on the bench in the 1980s, U.S. Supreme Court Justice Sandra Day O’Connor underwent chemotherapy. Neither missed any arguments, according to the New Yorker.

In 2004, then-U.S. Supreme Court Chief Justice William Rehnquist did not attend some arguments while he was being treated for thyroid cancer. Rehnquist — a native of Shorewood who died in 2005 — participated in some cases by reviewing transcripts and briefs but decided to step aside in other cases, according to the Washington Post.

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Abrahamson, 84, was appointed to Wisconsin's high court in 1976 by Democratic Gov. Patrick Lucey after Chief Justice Horace Wilkie died. She kept her seat by winning elections in 1979, 1989, 1999 and 2009.

Known nationally as a leader in liberal legal thought, Abrahamson is part of a minority on a court that is deeply divided ideologically.

Running to replace Abrahamson next year are Appeals Court Judges Brian Hagedorn and Lisa Neubauer. Hagedorn is a conservative and Neubauer is a liberal, and the election will determine whether conservatives keep their 4-3 majority or widen it to 5-2.

"Justice Shirley Abrahamson has been a force for her entire tenure on the high court," Neubauer said in a statement. "I wish her continued strength in her battle against cancer and will pray for her return to full health."

Said Hagedorn in a statement: "I am sorry to hear of Justice Abrahamson's cancer. I am praying for healing and strength during this difficult time for her and her family."

The election is in April and the new justice will be seated in August.

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Abrahamson said Friday she will stay on the court until then. If she left early, the governor would name her replacement. GOP Gov. Scott Walker faces Democrat Tony Evers, the state's schools superintendent, this fall.

In 1996, Abrahamson became chief justice because she was the most senior member of the court.

She held the position until 2015, when Wisconsin voters adopted an amendment to the state constitution to allow the members of the court to pick the chief justice. Conservatives on the court quickly voted to move Abrahamson out of the job and replace her with Justice Patience Roggensack.

Abrahamson sued over her ouster in federal court, but lost the case.

When she announced in May her plan to leave the court, Abrahamson issued a statement noting she has not hesitated to use her voice during her four decades in elected office.

"I will continue to express my point of view," she said then. "I will do so on the bench. And, if principles and values integral to the great state of Wisconsin and its courts continue to be challenged, I will also express my views off the bench, if necessary and as appropriate.”

Justice Rebecca Dallet, the newest member of the court, issued a statement praising Abrahamson.

"She is known for her strength and stamina in addition to her legal acumen and I wish her nothing but the best in this battle," Dallet said.