Explainer: What's taking so long to resolve WI's abortion ban lawsuit

 

MADISON, Wis. (CBS 58) -- For months, Attorney General Josh Kaul has wanted to move quickly on his lawsuit challenging the state's 1849 criminal abortion ban. However, he said solving the issue in court could last several months -- possibility up to a year before a decision is made.

"Unfortunately, the court process takes a while to play out," Kaul said.

At the end of June, Kaul filed the legal challenge days after the U.S. Supreme Court overturned Roe v. Wade, the landmark ruling that gave women the constitutional right to an abortion.

Six months later, Kaul predicts it could take months before there's any movement on the lawsuit. Part of the delay occurred when Kaul dismissed the suit against Republican legislative leaders who argued they can't enforce the ban. That resulted with Kaul refilling the lawsuit against district attorneys in Dane, Milwaukee and Sheboygan counties.

On Nov. 30, Sheboygan County District Attorney Joel Urmanski filed a motion to dismiss the case. Dane and Milwaukee County district attorneys also filed briefs to seek dismissal as the case continues.

Kaul said he believes the case will eventually end up before the state Supreme Court.

"I certainly think there's a good chance it will," Kaul said. "This is a very significant issue that will impact people across the state of Wisconsin. I suspect whichever side prevails at the circuit level, the other side will certainly appeal."

Kaul believes the better alternative would be for the Legislature to pass legislation repealing the 1849 ban. Assembly Speaker Robin Vos said he's considering a bill to add exceptions for rape and incest, but that proposal a could face hurdles in the Senate.

"I don't know if it makes sense to make the caucus go through what's going to be a tough vote even for those who want to add exceptions," said Senate Majority Leader Devin LeMahieu.

Gov. Tony Evers has already signaled he would reject a bill with exceptions, which means the fate of abortion rights is likely to be settled through the courts.

"I certainly don't want the governor signing legislation that would foreclose the legal challenge we are bringing to the 1849 ban," Kaul said.