Wisconsin politicians react to state Supreme Court striking down 176-year-old abortion ban
MADISON, Wis. (CBS58) -- The Wisconsin Supreme Court on Wednesday, July 2, struck down the state's 176-year-old abortion ban. It was in effect until 1973, when the U.S. Supreme Court's landmark Roe v. Wade decision, legalizing abortion, nullified it. However, state conservatives argued the high court's 2022 overturning of Roe reactivated the abortion ban.
Now, the 4-3 decision from the state Supreme Court has made things clearer for those pregnant and the medical professionals working with them.
The Wisconsin Supreme Court’s ruling means that the 1849 abortion ban had been repealed through other legislation passed since then in our state.
Attorney General Josh Kaul shared in a press conference, "Today’s decision marks a major victory for reproductive freedom following uncertainty following overturning of Roe v Wade."
After Roe was overturned in June of 2022, Wisconsin residents had been in a limbo, leaving many unsure of what the rules of the land were.
"For 15 months, women in Wisconsin had to experience something that for two generations, people didn’t have to go through: being denied autonomy and freedom of making their own health care decisions," shared Kaul.
Alongside Governor Tony Evers, AG Kaul filed a lawsuit, stating that a 1985 law that permits abortions until 20 weeks would have trumped the near-total ban imposed in the 19th century.
Supreme Court Justice Rebecca Dallet referenced that in their ruling, as she wrote for the court's liberal majority, "Comprehensive legislation enacted over the last 50 years regulating in detail the ‘who, what, where, when, and how’ of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion.”
On the other side, though, Supreme Court Justice Rebecca Bradley of the conservative minority, wrote that today's opinion "Erases a law it does not like, making four lawyers sitting on the state's highest court more powerful than the people's representatives in the Legislature."
State Representative Devin Lemahieu said, "It appears that once again, the state Supreme Court liberals sort of went rogue and overturned legislative power." That was echoed by GOP chair Brian Schimming, that the “issue should be resolved in the Legislature and by voters."
It’s something Attorney General Kaul agreed with, that the Legislature needs to take action. "While this decision is an incredibly positive step for freedom, I also think it’s critical our Legislature do what the Supreme Court suggested in Dobbs -- take up this issue and hear from Wisconsinites about how we can protect reproductive freedom for the long term in Wisconsin, so the next generation doesn’t have to deal with old laws that haven’t been changed."
Governor Tony Evers applauded the decision, writing in a press release, "Today is a win for women and families, a win for healthcare professionals who want to provide medically accurate care to their patients, and a win for basic freedoms in Wisconsin, but our work is not over. I will continue to fight any effort that takes away Wisconsinites’ reproductive freedom or makes reproductive healthcare, whether birth control, abortion, IVF, or fertility treatments, any less accessible in Wisconsin than it is today. That is a promise.”
The executive director of Wisconsin Right to Life says the historic vote was not a surprise. She says back in November, the Supreme Court made it very clear what their final decision would be.
"Perhaps they ran for the wrong office, they want to legislate from the bench instead of telling us our laws in Wisconsin are enforceable whether or not they are constitutional or unconstitutional, but instead telling us how the law, as they wish it to be written, should be written," said Executive Director Heather Weininger.
The chair of Reproductive Justice Action Milwaukee says Roe vs Wade was the floor, and they plan to continue to push for more.
"We plan to expand abortion access in Wisconsin. We want to fight for getting rid of that 24-hour waiting period, we want to fight to get rid of the mandatory ultrasound. We really have our work cut out for us but want to take today to celebrate," said Chair Blake Jones.
Unlike clinics in Madison and Milwaukee, clinics in Sheboygan will feel the difference since they could only provide medication abortions, not surgical abortions.
CBS 58 reached out to District Attorney Joel Uminski for comment, and we have not heard back on the impact this will have for women in Sheboygan.
Senator Tammy Baldwin (D-WI) shared in a press release, "Today’s ruling tells women across Wisconsin that we will not go back. Today’s ruling tells women that our government trusts you to make decisions about your own body and your future. Today’s ruling tells women in our state that they are not second-class citizens. But this fight is not over. Every woman, in every ZIP code in every state deserves the same rights and freedoms."
Rep. Jodi Emerson (D-Eau Claire) said, “Today’s decision by the Wisconsin Supreme Court to strike down the 1849 abortion ban is a historic and long-overdue victory for reproductive freedom. This ruling represents the power of tireless advocacy from legal experts, reproductive rights organizers, and everyday Wisconsinites who stood up, spoke out, and refused to let our state move backward.”
Rep. Lindee Brill (R-Sheboygan Falls) wrote in a press release, “The Liberal majority in the Supreme Court clearly demonstrated today that they’ll find any way to ensure that the genocide of the unborn will continue in Wisconsin, even if it means baselessly overturning laws which have been enshrined in Wisconsin Statute for 175 years. Make no mistake, they knew before any brief was submitted or argument was made what their decision was going to be. Judges should make decisions based on the law and the facts of the case, not their personal political opinions. This was a reprehensible, partisan decision which will lead to the murder of thousands more innocent, unborn children."
Congresswoman Gwen Moore shared, "I am thrilled by this ruling, which reaffirms that women should be able to control their own bodies. After the devastating Dobbs decision, women in Wisconsin were forced to abide by a 176-year-old law, made before women had the right to vote! It put their health and lives at risk and robbed them of their autonomy. Today’s decision gives women the certainty to seek the abortion care they need. At the same time, women’s health care is still under attack, and is happening right now in this Congress. As this Republican-led Congress works to gut Planned Parenthood and deprive patients of critical preventative health care, I will do what I can to push back and stand up for women.”