The U.S. Supreme Court overturned Roe v. Wade on Friday, ending the federally protected right to an abortion. Hereās what you need to know about the future of abortion in Wisconsin.
Can I still get an abortion in Wisconsin?
Planned Parenthood of Wisconsin, which operates three of the stateās four abortion clinics, said it has suspended abortion services. However, president Tanya Atkinson said Friday the group would help patients āaccess safe and legal abortion careā in other states and provide after-care support.
The other provider, Affiliated Medical Services, declined to comment Friday. A message on the organizationās website said the office would remain open āto answer questions, and to provide resources for out-of-state abortion clinics, travel support, and general questions, if we are forced to close.ā
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Thatās largely because Wisconsin has a law, first passed in 1849, prohibiting doctors from providing abortions from the time of conception. There is an exception for when the motherās life is in danger but not for rape or incest. The law was deactivated after the 1973 Roe decision but never repealed. Thereās no consensus on whether the law has sprung back to life now that Roe is overturned, and that question will likely be answered in the courts. Still, without a clear answer, abortion providers are halting their operations for now.
There is no law against traveling to receive an abortion in neighboring states where it is still legal, like Illinois and Minnesota.
The decision is a stunning reversal of a guarantee that permitted medical providers to administer thousands of abortions in Wisconsin each year for decades.
Can the existing ban be challenged?
The existing ban ā complicated by a host of other laws passed in the years since the Roe v. Wade decision ā is almost certain to face legal challenges that could play out in state courts for years to come.
āThere is so much uncertainty and complexity about what the law regarding abortion is, I donāt see how there can be any enforcement without some kind of clarification by the courts,ā said UW-Madison law school professor David Schwartz.
Schwartz said challenges could stem from a criminal case or more likely from a doctor or organization seeking guidance from the courts.
Democratic Attorney General Josh Kaul has indicated the state law could be challenged under a doctrine that allows long-dormant laws to lapse, though he did not say Friday how he intends to proceed.
What can the Legislature do?
The Legislature can pass new laws and amend old ones, but given the Legislatureās current Republican majority and the legislative maps that all but ensure that majority for the next decade, itās highly unlikely the Legislature will pass robust measures supporting abortion anytime soon.
Still, Assembly Speaker Robin Vos, R-Rochester, who is perhaps the Legislatureās most powerful member, said he supports abortion ban exceptions for rape and incest. Those exceptions donāt currently exist in the 1849 statute. Whether those exceptions will come to pass depends on Republican support, which remains unclear.
What would the gubernatorial candidates do?
Democratic Gov. Tony Evers, who has called on Congress to codify the right to abortion services, said Friday he would ānever stop fighting to make sure that every single Wisconsiniteā has the right to make their own health care decisions. But Evers has few powers beyond his veto pen.
Two Republican opponents, Rebecca Kleefisch and Tim Michels, both voiced support for the Supreme Court ruling.
How would the ban be enforced?
Kaul has said he has no plans to enforce the state ban. Kaul said Friday his office was reviewing the decision and would provide more information next week āon how we intend to move forward.ā
District attorneys in each of the stateās 72 counties would make decisions about whether to prosecute potential violations. Dane County District Attorney Ismael Ozanne said Friday his office would not prosecute abortion providers.
State Journal reporter Chris Hubbuch contributed to this report.