Senate GOP leader wants Sheboygan district attorney to enforce abortion ban, defy court ruling
MADISON, Wis. (CBS 58) -- A Republican district attorney said he will abide by a judge's ruling and not enforce the state's 1849 abortion ban pending an appeal, a decision the GOP leader of the state Senate wants him to ignore.
Sheboygan County District Attorney Joel Urmanski said he plans to appeal Dane County Judge Diane Schlipper ruling that makes abortions legal again in Wisconsin.
On Tuesday, Schlipper reaffirmed her ruling from July that the state's 1849 abortion ban applies to feticide, not consensual medical abortions.
"I am obligated to comply with that ruling unless the decision is stayed pending appeal or ultimately reversed," Urmanski said in a statement.
Senate Majority Leader Devin LeMahieu (R-Oostburg), whose district represents Sheboygan County, suggested he wants Urmanski to defy Schlipper's ruling and enforce the ban when asked about the lawsuit.
"It's a law. Yes," LeMahieu said during an interview with CBS 58. "I'm not sure how these judges dream up ways of striking down law even if they are 150 years old, but it's the law on the books."
Senate Majority Leader Devin LeMahieu wants the Sheboygan County DA Joel Urmanski to enforce the state's 1849 abortion ban after he said today, he wouldn't.
— Emilee Fannon (@Emilee_Fannon) December 6, 2023
It comes in wake of judge's ruling that makes abortions legal again in WI. It's a decision Urmanski will appeal. pic.twitter.com/RKGx84eLkw
Urmanski is one of three district attorneys named as defendants in the lawsuit filed by Democratic Attorney General Josh Kaul in wake of the U.S. Supreme Court overturning Roe v. Wade, the court's landmark 1973 decision legalizing abortion.
That triggered a debate as to whether the state's 1849 law, banning nearly all abortions unless a mother's life is at risk, was enforceable.
Kaul has long argued the statue is too old to enforce and praised the latest court ruling that is anticipated to head to the liberal controlled state Supreme Court.
"This is a momentous victory, but we also recognize this is not the end of the road," Kaul said. "We are prepared to protect that freedom as we move forward."
Urmanski was the only prosecutor in the state who pledged to prosecute abortion providers if there's an alleged violation in the days following the U.S. Supreme Court decision.
District attorneys in Dane and Milwaukee County vowed to not press charges against abortion providers and are also involved in the ongoing litigation.
Those counties, including Sheboygan, are home to Planned Parenthood clinics that offer abortion services.
After Schlipper's ruling, Planned Parenthood announced they will resume services at the Sheboygan clinic "as soon as possible." They restarted services at the Madison and Milwaukee clinics in September.