Wisconsin Supreme Court to consider whether 175yearold law bans abortion AP News

pCopyright 2025 The Associated Press All Rights ReservedppCopyright 2025 The Associated Press All Rights ReservedppFILE Demonstrators protest outside the Wisconsin Capitol May 3 2022 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Amber ArnoldWisconsin State Journal via AP FileppFILE The Wisconsin Supreme Court listens to arguments from Wisconsin Assistant Attorney General Anthony D Russomanno representing Gov Tony Evers during a redistricting hearing at the state Capitol Nov 21 2023 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Ruthie HaugeThe Capital Times via AP Pool FileppFILE Demonstrators protest outside the Wisconsin Capitol May 3 2022 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Amber ArnoldWisconsin State Journal via AP FileppFILE Demonstrators protest outside the Wisconsin Capitol May 3 2022 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Amber ArnoldWisconsin State Journal via AP FileppFILE The Wisconsin Supreme Court listens to arguments from Wisconsin Assistant Attorney General Anthony D Russomanno representing Gov Tony Evers during a redistricting hearing at the state Capitol Nov 21 2023 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Ruthie HaugeThe Capital Times via AP Pool FileppFILE The Wisconsin Supreme Court listens to arguments from Wisconsin Assistant Attorney General Anthony D Russomanno representing Gov Tony Evers during a redistricting hearing at the state Capitol Nov 21 2023 in Madison Wis The Wisconsin Supreme Court decided Monday July 1 2024 to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts Ruthie HaugeThe Capital Times via AP Pool FileppMADISON Wis AP The Wisconsin Supreme Court decided Tuesday to consider two challenges to a 175yearold law that conservatives maintain bans abortion without letting the cases wind through lower courts ppAbortion advocates stand an excellent chance of prevailing in both cases given the high courts liberal tilt and remarks a liberal justice made on the campaign trail about how she supports abortion rights ppWisconsin lawmakers enacted statutes in 1849 that had been widely interpreted as outlawing abortion in all cases except to save the mothers life The US Supreme Courts landmark 1973 Roe v Wade ruling legalizing abortion nullified the statutes but legislators never repealed them The high courts 2022 decision to overturn Roe v Wade reactivated them ppDemocratic Attorney General Josh Kaul filed a lawsuit challenging the statutes in 2022 arguing they were too old to enforce and a 1985 law that permits abortions before a fetus can survive outside the womb supersedes them A Dane County judge ruled last year that the statutes outlaw attacking a woman in an attempt to kill her unborn baby but doesnt ban abortions The decision emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures when the US Supreme Court overturned Roe v Wade ppSheboygan County District Attorney Joel Urmanski a Republican asked the state Supreme Court in February to overturn the ruling without letting an appeal move through the states lower appellate courts He argued the ruling will have a statewide impact and guide lawmakers and the case will ultimately end at the Supreme Court anyway ppDays after Urmanski filed his request Planned Parenthood of Wisconsin sued Urmanski and asked the Supreme Court to take it directly The organization is seeking a ruling that the 1849 statutes are unconstitutional arguing that the state constitutions declaration that people have a right to life liberty and the pursuit of happiness means women have a right to control their own bodies essentially asking the court to declare a constitutional right to abortionpp

ppThe court released orders indicating the justices voted unanimously to take Urmanskis appeal and voted 43 to take the Planned Parenthood case The courts four liberal justices voted to take that case and the three conservative justices voted against taking itppUrmanskis attorneys Andrew Phillips and Matthew Thome didnt immediately respond to an email seeking comment ppPersuading the courts liberal majority to uphold the statutes looks next to impossible Liberal Justice Janet Protasiewicz even went so far as stating openly during her campaign that she supports abortion rights a major departure for a judicial candidate Typically such candidates refrain from speaking about their personal views out of concerns they could appear biased on the bench ppThe conservative justices accused the liberal majority in their Planned Parenthood dissents of playing politics ppThe signal to a watching public is that when certain policy issues touch the right nerve this court will follow the party line not the law Hagedorn wrote ppLiberal Justice Jill Karofsky countered in a concurrence that the state Supreme Court is supposed to decide important state constitutional questions ppRegardless of ones views on the morality legality or constitutionality of abortion it is undeniable that abortion regulation is an issue with immense personal and practical significance to many Wisconsinites Karofsky wroteppMichelle Velasquez chief strategy officer for Planned Parenthood of Wisconsin said in a statement that the organization was grateful the court agreed to take its case and Wisconsin residents need to know whether abortion is legal in the state ppWisconsin Watch a media outlet obtained a leaked draft of the order accepting the case last week prompting Chief Justice Annette Ziegler to call for an investigationppAntiabortion groups decried the Supreme Courts decision to take the Planned Parenthood caseppEvery Wisconsinite should be troubled by this blatant weaponization of the court system to enshrine death on demand Heather Weininger executive director of Wisconsin Right to Life said in a statement ppppThis story has been updated to correct the day of week in the first sentence to Tuesday not Mondaypppp

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