The Wisconsin Supreme Court announced on Tuesday that it will directly review two challenges to a 175-year-old abortion law that conservatives argue bans the procedure, bypassing the lower courts.
Given the court’s current liberal majority and remarks made by a liberal justice in favor of abortion rights during her campaign, abortion advocates are optimistic about the outcome, according to Associated Press.
The contested statutes, enacted in 1849, were largely interpreted to prohibit abortions except to save the mother’s life.
Although the 1973 U.S. Supreme Court ruling invalidated these laws, they were never repealed. The 2022 decision overturning Roe v. Wade reactivated them.
In 2022, Democratic Attorney General Josh Kaul filed a lawsuit challenging the statutes, arguing that they were outdated and that a 1985 law permitting abortions before fetal viability should take precedence.
A Dane County judge ruled last year that the statutes only criminalize attacking a woman to kill her unborn baby but do not ban abortions, leading Planned Parenthood to resume abortion services in Wisconsin after the Supreme Court’s decision.
In February, Sheboygan County District Attorney Joel Urmanski, a Republican, asked the state Supreme Court to overturn this ruling directly, without going through the lower appellate courts, arguing that the ruling has statewide implications.
Shortly after, Planned Parenthood of Wisconsin sued Urmanski, asking the Supreme Court to declare the 1849 statutes unconstitutional, asserting that the state constitution’s right to life, liberty, and the pursuit of happiness includes a woman’s right to control her own body.
The Supreme Court unanimously agreed to hear Urmanski’s appeal and voted 4-3 to take up the Planned Parenthood case, with the four liberal justices in favor and the three conservative justices opposed.
Legal experts believe it will be challenging to persuade the court’s liberal majority to uphold the statutes.
Liberal Justice Janet Protasiewicz openly expressed her support for abortion rights during her campaign, which is unusual for judicial candidates who typically avoid discussing their personal views to maintain an appearance of impartiality.
Conservative justices criticized the liberal majority for allegedly allowing political considerations to influence their decisions.
Michelle Velasquez, Chief Strategy Officer for Planned Parenthood of Wisconsin, expressed delight that the court agreed to hear their case, emphasizing the need for clarity on the legality of abortion in the state.
But the decision drew criticism from anti-abortion groups. Heather Weininger, Executive Director of Wisconsin Right to Life, condemned the court’s action, calling it a misuse of the judicial system to promote abortion rights.
The Wisconsin Supreme Court’s review of these cases follows a leaked draft of the order accepting the Planned Parenthood case, prompting Chief Justice Annette Ziegler to call for an investigation.
