'We have to update the 1849 law': GOP leaders at odds over changes to state abortion ban
MADISON, Wis. (CBS 58) -- Next week, state lawmakers will convene to mark the beginning of a new legislative session and one issue that's expected to be up for debate is the state's abortion ban.
The Supreme Court decision overturning Roe v. Wade played a significant role in motivating key voting blocs during the midterm elections, but enacting changes to Wisconsin's 1849 near-total abortion ban could be an uphill battle with top Republicans split on the issue.
Assembly Speaker Robin Vos (R-Rochester) said in an interview with CBS 58 he's prepared to hold a vote on legislation to add exceptions to the 173-year-old law for rape and incest. Under current law, the only exception for providing an abortion is if a pregnant individual's life is at risk.
"I think our members should go on the record," Vos said. "We have had that discussion in our caucus, and we are still trying to work towards a consensus. I feel like the vast majority of our caucus, if not most, believe in adding exceptions."
Meanwhile, Senate Majority Leader Devin LeMahieu (R-Oostburg) is not eager to discuss the issue in his chamber.
LeMahieu said he doesn't want to put his members through "a tough vote" regardless of some of his GOP members are supportive of adding exceptions because Gov. Tony Evers stated he would veto any bill that keeps the 1849 ban in place, even if the measure legalized abortions for rape and incest.
"I will not be leading the charge on abortion legislation," LeMahieu said. "It's an issue we're all going to have to wrestle with."
Shortly after Roe v. Wade was overturned in late June, abortion clinics across Wisconsin stopped booking appointments in anticipation of a lawsuit challenging the 1849 ban to be decided by the courts.
Attorney General Josh Kaul is leading the legal effort to repeal the criminal abortion ban, which he said could last several months to resolve. The case is expected to reach the State Supreme Court.
In the meantime, lawmakers can act to overturn or make tweaks to the nearly centuries-old law that makes providing an abortion a felony, with penalties of up to six years in prison and a fine of up to $10,000.
Repealing the ban is unlikely after GOP leaders gaveled in and out of Gov. Evers special session that would have allowed voters to decide through referendum the fate of abortion laws.
Vos did however signal support to update the language of the 1849 law which only includes one exception for the procedure to be performed if a doctor deems it "is necessary, or is advised by 2 other physicians as necessary, to save the life of the mother."
"We have to update the 1849 law because there is not a clear definition of the life of the mother," Vos said.
Medical professionals have called the language vague because even if the mother's pregnancy is not in danger, as time goes on, there could be greater risk.
The Medical Society has been working with Wisconsin's branch of the American College of Obstetricians and Gynecologists, health care advocates, and legal expects to redefine how the law is currently written.
While work continues behind the scenes, Democratic leaders back Gov. Evers' preferred route to have abortion laws determined by the courts.
"I look forward to watching the legal challenge move forward, but I also question that one person or two people in the capitol building because of their own personal beliefs are making decisions for all of the people of the state," said Senate Minority Leader Melissa Agard (D-Madison).