Wisconsin abortion lawsuit; judge hears 1st arguments
MADISON, Wis. - For the first time since Roe v. Wade's reversal, a Wisconsin judge heard arguments in a lawsuit about the state's 1849 abortion ban.
It has been a slow legal process already months in the making. Thursday's fight inside the courtroom wasn't even about the substance of the case; rather, it was procedural – about whether the case should be tossed because of who filed the lawsuit.
"That is absolutely untenable position, it has been almost a year now with physicians operating in an environment without an answer," said Leslie Freehill, representing three doctors in the case.
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The debate is over a legal concept called "standing" – whether Wisconsin Attorney General Josh Kaul had the right to bring the lawsuit, because he was not personally hurt.
"The plaintiff’s lawsuit is unprecedented in Wisconsin history," said Matthew Thome, in court for Sheboygan County District Attorney Joel Urmanski.
Urmanski, one of three district attorneys Kaul sued, is trying to have the case thrown out.
"The plaintiffs – the attorney general and other state officials and agencies – have sued district attorneys, other state officers, over what amounts to a difference of opinion and the plaintiff’s own desire to know what the law is," Thome said.
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Kaul filed the lawsuit in June 2022 when the U.S. Supreme Court struck down Roe v. Wade and clinics in Wisconsin stopped performing abortions.
"State plaintiffs absolutely have standing. The state plaintiffs have mandatory statutory duties, not discretionary, mandatory duties that require them to know what is and is not criminal law on abortion in the state of Wisconsin," said Assistant Attorney General Hannah Schieber Jurss.
Wisconsin Attorney General Josh Kaul speaks about abortion lawsuit
A Wisconsin judge heard arguments in a lawsuit challenging the state's 174-year-old abortion ban, a statute held in abeyance for nearly five decades until the U.S. Supreme Court struck down Roe v. Wade last year. Wisconsin AG Josh Kaul weighs in.
Kaul's lawsuit states there is a conflict in state law, and the new supersedes the old. The 1849 abortion law bans almost all abortions, except to save the life of the mother. Then, there is a 1985 law that came after Roe v. Wade that bans abortions later in pregnancy.
"When the legislature was aware of the issue, expressly decided not to repeal the law," said Thome.
The judge said she would not rule Thursday on whether to dismiss the case. Legal experts on both sides said it is likely the case will end up at the Wisconsin Supreme Court. In August, that court will tilt to a progressive majority when Justice-elect Janet Protasiewicz is sworn in.