Wisconsin abortion ban; Republican prosecutor to appeal ruling

A Dane County judge on Tuesday, Dec. 5 reaffirmed her ruling from earlier this year on abortion, saying the 1849 Wisconsin law does not prohibit services.

While Planned Parenthood said it plans to resume services at all of its Wisconsin locations, one government official has announced plans to appeal the decision.

Sheboygan County District Attorney Joel Urmanski issued a statement through his attorneys saying that he disagrees with Judge Diane Schlipper's July finding, saying state law clearly bans abortions, including consensual medical abortions.

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This comes after it was announced Sheboygan County Planned Parenthood clinics would continue providing abortion services, joining such clinics in Milwaukee County and Dane County.

"Resuming services in Sheboygan is an absolute priority for us," said Michelle Velasquez with Planned Parenthood of Wisconsin. "For physicians and health care systems throughout the state, [it] just gives reassurance that they can treat their patients without fear of being prosecuted."

While the ruling determined the statute only applied to "feticide," Urmanski noted he believes it does in fact apply to abortions.

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Wisconsin judge reaffirms abortion ruling; law doesn't ban abortions

A Wisconsin judge reaffirmed her ruling that state law permits consensual medical abortions, handing abortion rights advocates a massive victory.

Groups like Wisconsin Right to Life say they're also not backing down from the fight.

"To see a judge ruling in opposition to all of that is really concerning," said Wisconsin Right to Life legislative director Gracie Skogman. "We are very concerned by this decision, not only for the loss of protection for preborn life here in the state."

Meanwhile, both sides of the aisle are anticipating a long road ahead. The case appears destined to end up at the state Supreme Court.

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It's likely this trajectory will play out in the days and weeks ahead. As of Wednesday, Dec. 6, the appeal has yet to be filed.

Liberal justices currently hold a 4-3 majority on the court, making it unlikely that conservatives would prevail at that level. Urmanski could string out the process beyond the 2025 spring elections, however, in the hopes that liberal Justice Ann Walsh Bradley loses re-election and conservatives regain control of the court.

In question is an 1849 Wisconsin law that conservatives have interpreted as banning abortion. The U.S. Supreme Court’s June 2022 decision to overturn Roe v. Wade, the landmark 1973 decision legalizing abortion, reactivated the law. Abortion providers subsequently ceased operations in the state out of fear of violating the ban.

The Associated Press contributed to this report.