Wisconsin abortion debate; Planned Parenthood files petition
MILWAUKEE - Planned Parenthood of Wisconsin asked the state Supreme Court on Thursday, Feb. 22 to overturn a 174-year-old state law that conservatives have interpreted as an abortion ban.
The organization filed a petition asking the high court to rule the law unconstitutional without letting any lower courts rule first and to declare abortion is a state constitutional right.
"It's really important that Wisconsinites know that our constitution provides the right to access and provide abortion care," President & CEO of Planned Parenthood of Wisconsin Tanya Atkinson said. "It needs to be made very clear by the Supreme Court that Wisconsinites do have a constitutional right to access that care, and providers to provide that care."
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Wisconsin Supreme Court
After the U.S. Supreme Court reversed Roe v. Wade in 2022, the state’s abortion clinics stopped performing the procedure. In 2023, Dane County Circuit Judge Diane Schlipper ruled the 1849 law did not apply to consensual abortion.
There are 72 counties in the state and only three have access to abortion care: Milwaukee, Dane and Sheboygan.
Sheboygan County District Attorney Joel Urmanski is challenging that.
Wisconsin abortion ruling, Sheboygan County prosecutor to appeal
The future of Wisconsin's abortion law runs through Sheboygan, as that county's district attorney pledges to appeal a ruling that an 1849 law didn't actually ban abortion.
Meanwhile, Planned Parenthood argues that the state constitution guarantees people the right to life, liberty and the pursuit of happiness and that allows them the right to make their own decisions on abortion.
"The right to life and liberty, including the right to make one’s own decisions about whether or not to give birth and medical decisions related to pregnancy or abortion care from a chosen health care provider, is fundamental," the petition reads. "So, too, is a physician’s right to practice medicine, her chosen profession, and fulfill her ethical obligations of the practice of medicine."
But anti-abortion organization Wisconsin Right to Life said it stands with the state's 1849 statute.
Planned Parenthood
"Our view is that the Wisconsin state constitution protects all life and that included pre-born life," Wisconsin Right to Life legislative director Gracie Skogman said. "We are very saddened by this call by Planned Parenthood and want to focus on that all life in our state is worthy and deserving of protection."
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The stage would be set for a big legal win for Planned Parenthood if the state Supreme Court decides to take their case. Liberals control the court with a 4-3 majority and one of them — Justice Janet Protasiewicz — repeatedly declared on the campaign trail last year that she supports abortion rights.
The Associated Press contributed to this report.