14-week abortion ban bill blasted by both pro-life and pro-choice speakers during hearing
MADISON, Wis. (CBS 58) -- During a public hearing Monday at the state Capitol, a parade of speakers criticized a bill that would ban abortion after 14 weeks. Those testifying included both pro-life and pro-choice people.
State Rep. Amanda Nedweski (R-Pleasant Prairie), who co-authored the bill with State Sen. Mary Felzkowski (R-Irma), said the proposal was a middle-of-the-road approach that offered an alternative to either a total abortion ban or the absence of any restrictions on abortions.
The bill would ban abortions after 14 weeks, with only exceptions being for cases where a mother's health is at risk; there are no exceptions for rape or incest in the legislation.
If the bill passed and was signed into law by the governor, voters would then have to ratify the law in a binding statewide referendum.
Republicans quietly introduced the bill Friday and scheduled a hearing for Monday without the usual attempt to circulate bills around the entire Legislature for co-sponsorship.
"Political parties use abortion as an emotional shiny object to distract people from what's really going on," Nedweski said during the hearing. "If the people have a voice in settling this issue, we might actually be able to focus on some other issues that affect our state."
After the hearing, Nedweski defended the decision to not include rape or incest exceptions in the bill.
"In the cases of rape or incest, this gives you 14 weeks to figure out what to do," she told a CBS 58 reporter.
The final tally of people who registered on the bill but did not speak was three in favor and 27 against. The three people in favor were all Republican lawmakers.
Nedweski acknowledged after the hearing the bill will likely get vetoed by Democratic Gov. Tony Evers, whose office has pointed to past comments stating he would reject any efforts to place new restrictions on abortion access.
Currently, the state has a 20-week abortion ban in place, which was signed into law by former Gov. Scott Walker. This bill would take that law and amend it to a 14-week ban.
Pro-life groups, however, testified against the bill. They told lawmakers Republicans should instead push to defend an 1849 law both liberals and conservatives widely interpreted as a near-total ban on abortions.
A Dane County judge in September ruled the law did not apply to consensual abortions, to which Planned Parenthood responded by resuming abortion services at its Milwaukee, Madison and Sheboygan locations.
Tia Izzia, speaking on behalf of the Wisconsin Catholic Conference, told lawmakers she is pregnant, and she brought pictures of her ultrasounds at 14 and 20 weeks to illustrate her argument neither ban should be considered acceptable.
"Are these photos of different children?" Izzia asked lawmakers. "Of two people here and two non-people here?"
The Catholic conference is part of a larger coalition, called "Heal Without Harm," that includes Wisconsin Right to Life and Wisconsin Family Action. The group was united in its opposition to the bill.
Nedweski said after the hearing she understood why the pro-life groups felt that way but suggested their goals didn't match the current political situation.
"They believe that 1849 [law] is still in play. I don't know why they believe that," Nedweski said. "And they also believe they have a chance at winning an appeal. We believe if that appeal reaches the state Supreme Court, which is what it would likely do, that we don't have a favorable position there, so we need to act in reality and not in theory."
Medical students were also among those testifying against the bill. Madalynn Welch and Maya Seshan told lawmakers they're currently studying at the Medical College of Wisconsin, and both said they worried such a ban would discourage people from becoming OBGYN practitioners in the state.
The students said it would put doctors in an impossible situation of having to determine whether an untenable pregnancy met the standard of "reasonable" belief a mother's health was in jeopardy.
"When you put physicians in a gray area every day, their ability to quickly save the lives of the person they're working on makes their lives harder," Seshan said.
Democratic lawmakers on the Assembly health committee said, given the widespread opposition, Republicans should drop the 14-week proposal.
"It seems like no one agrees on this," State Rep. Lisa Subeck (D-Madison) said. "Why not work on common sense policies where there's a lot of agreement instead of a bill that will make nobody happy?"
While Evers has indicated he would veto the bill, it's unlikely to even reach his desk given recent comments by the state's top Senate Republican.
Majority Leader Devin LeMahieu (R-Oostburg) said nearly two weeks ago keeping abortion at the forefront only helped Democrats.
Last April, Justice Janet Protasiewicz won a seat on the state Supreme Court after openly stating she supported abortion rights. Protasiewicz's victory gave liberals a 4-3 majority on the state's high court.
"You can see [Democrats are] sitting back and letting abortion sit out there because they know right now this situation is a winning issue for Democrats," LeMahieu said.
Following the U.S. Supreme Court ruling that struck down federal abortion rights under Roe v. Wade, referenda in other states have resulted in losses for the pro-life movement. Even in the conservative states of Kansas and Kentucky, voters rejected efforts to amend the state constitutions to say they contain no rights to an abortion.
A Marquette Law poll in June found 66% of Wisconsin voters believed abortion should be legal in all or most cases. At the same time, a 2021 Associated Press poll found 65% of voters nationwide believes most abortions should be outlawed after the first trimester.
Monday marked the 51st anniversary of the Roe decision. Vice President Kamala Harris visited Waukesha to deliver a speech marking the occasion and to reaffirm abortion will be an issue at the foundation of Democrats' 2024 campaigns.