WISCONSIN
Political control: Wisconsin has a legislature controlled by Republicans who want to ban or restrict access to abortions but a Democratic governor who supports access and is up for reelection this year.
Background: Wisconsin has allowed most abortions until the 22nd week of pregnancy to save the health or life of the mother. A woman seeking an abortion must meet with a counselor and doctor before obtaining an abortion and wait at least 24 hours before having it done. Anyone under age 18 must have an adult relative over age 25 with them to obtain an abortion.
Effect of Supreme Court ruling: Now that Roe v. Wade has been overturned, it is presumed that a state law passed in 1849 making an abortion a felony offense could go into effect, and doctors have halted procedures. However, Wisconsin’s Democratic attorney general argues that the law is so old that it’s unenforceable. The language allows a woman to legally destroy her own fetus or embryo and grants immunity if an abortion is needed to save a woman’s life and is performed at a hospital. Another state law, passed in 1985, prohibits abortions performed after a fetus reaches viability — when it could survive outside the womb — conflicting with the 1849 ban.
What’s next: Wisconsin Attorney General Josh Kaul filed a lawsuit June 28 against Republican leaders of the state Legislature, arguing that the 1849 abortion ban conflicts with a 1985 law that prohibits abortion either after 20 weeks or at the point of fetal viability. His lawsuit says the 1985 law should take precedence. Republican lawmakers are expected to attempt to clarify the 19th century law during next year’s legislative session to ensure a ban is in place, even as that issue is being argued in the courts. Lawmakers’ efforts would be stymied if Democratic Gov. Tony Evers wins reelection. Assembly Speaker Robin Vos, a Republican, said he supports a rape exception to an abortion ban, but also said the overturning of Roe could prompt Republican lawmakers to consider other reproductive issues, such as contraception.
