Potential Showdown in State Supreme Court Over Abortion Rights
MADISON, Wis. — In a controversial move, Republican prosecutor Joel Urmanski announced on Wednesday his intention to appeal a recent court ruling that upheld the legality of abortions in Wisconsin. This decision sets the stage for a high-stakes battle in the state Supreme Court over abortion rights.
Disagreement Over State Law
The disagreement stems from a July finding by Dane County Circuit Judge Diane Schlipper, who ruled that Wisconsin law permits abortions. Urmanski, the Sheboygan County District Attorney, strongly disagrees with this interpretation and argues that state law clearly bans all abortions, including “consensual medical abortions.”
Urmanski’s appeal is likely to take the case to the state Supreme Court, where liberal justices currently hold a 4-3 majority. This majority makes it improbable for conservatives to prevail at that level. However, Urmanski aims to extend the process until the 2025 spring elections, in hopes that conservative Justice Ann Walsh Bradley loses re-election and conservatives regain control of the court.
Interpreting the Law
The crux of the matter lies in an 1849 Wisconsin law that conservatives argue outlaws abortion. The recent decision by the U.S. Supreme Court to overturn Roe v. Wade, the landmark 1973 ruling legalizing abortion, reactivated this law. Consequently, abortion providers in the state ceased operations out of fear of violating the ban.
Democratic Attorney General Josh Kaul challenged the ban’s validity in a lawsuit filed days after the Supreme Court’s decision. Kaul contends that the 1849 law is too old to enforce and that a 1985 law, which permits abortions before fetuses can survive outside the womb, supersedes the ban. Three doctors have also joined the lawsuit as plaintiffs, expressing concerns of potential prosecution for performing abortions. Urmanski is currently defending the ban in court.
Court Rulings and Reactions
Judge Schlipper’s ruling in July stated that the ban’s legal language does not explicitly use the term “abortion.” As a result, the law is interpreted to only prohibit attacking a woman in an attempt to kill her unborn child. While this finding did not formally end the lawsuit, Planned Parenthood regained confidence in the ruling and resumed abortion procedures at their clinics in Madison and Milwaukee in September.
Urmanski subsequently requested that Judge Schlipper reconsider her ruling, but she denied the motion in a 14-page opinion issued on Tuesday. Schlipper firmly stated that Urmanski failed to demonstrate how she misapplied state law or made any other mistake, and she declared the plaintiffs as the winners of the lawsuit. She also declined the doctors’ request for an injunction to prevent prosecutors from charging abortion providers, expressing confidence that prosecutors will follow her ruling.
While Urmanski has stated that he will follow the ruling unless it is stayed on appeal, anti-abortion group Wisconsin Family Action’s president, Julaine Appling, called Schlipper’s interpretation of the law a regression that puts the lives of future Wisconsin citizens at stake. Appling expressed satisfaction with Urmanski’s decision to appeal.
Expectations and Reactions
Attorney General Josh Kaul, in a news conference on Wednesday morning prior to Urmanski’s announcement, stated that he fully expects an appeal. He emphasized his preparedness to defend the victory for reproductive freedom in Wisconsin as the case progresses through other courts.
Wisconsin Senate Republican Majority Leader Devin LeMahieu, whose district includes Sheboygan, expressed his approval of Urmanski’s appeal. In the event that the ban is ultimately invalidated, LeMahieu stated that Republican lawmakers will consider alternative legislation.
As this contentious battle over abortion rights continues, the outcome of this appeal has significant implications for reproductive freedom in Wisconsin.