Wisconsin GOP proposal; abortion ban after 14 weeks of pregnancy
MADISON, Wis. - Wisconsin Republicans are proposing a bill that would ban abortion after 14 weeks of pregnancy except in the case of a medical emergency, if also approved in a statewide referendum.
The bill was introduced on Friday, Jan. 19, and it's already being fast-tracked for a hearing, as Republican sponsors of the bill say they want the statewide vote to take place in April.
On Monday, Jan. 22, an assembly committee will have a hearing on the abortion ban and referendum, and the same day the vice president comes to battleground Wisconsin.
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Wisconsin Republicans, including Speaker Robin Vos, introduced the new bill. It would define a medical emergency as: "a condition, in a physician's reasonable medical judgment, that so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a 24-hour delay in performance or inducement of an abortion will create serious risk of substantial and irreversible impairment of one or more of the woman's major bodily functions."
"There’s the extreme of the 1849 law and there’s the extreme of abortion until birth. Where do people want to go with this is the real question and putting it on the ballot is the way to," said bill sponsor Republican State Representative Amanda Nedweski.
Her bill calls for an April referendum to approve. But, first it has to pass both the Assembly and the Senate, and the governor would need to sign it. The governor already said he'd veto any bill that placed new limits on abortion. After this bill was introduced, Democrats criticized it.
"This is just another gimmick. I don’t think there is anything to see," said Democrat Senator LaTonya Johnson.
It's not just Democrats who are opposed, it's also groups like Pro-Life Wisconsin and Wisconsin Right to Life.
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"It’s grossly premature to be doing this," said Matt Sande from Pro-Life Wisconsin. "If and when there’s a decision on 940.04, if it is in fact is over-ruled or ruled unenforceable. Then the legislature would have to establish a new abortion ban. And that’s when we can have those discussions, but to do it now is grossly premature."
The group's reasoning is Wisconsin's abortion laws are in legal limbo. After Roe v Wade's reversal, both sides in Wisconsin said a state law from 1849 (940.04) banned abortion. The question at the time was whether it was still enforceable or had been superseded by the state's later post-Roe laws.
A Dane County judge ruled the old law didn't in fact apply to abortion, but feticide. Sheboygan County District Attorney Joel Urmanski is appealing that ruling.
For now, the ruling leaves in place a post-Roe Wisconsin law that bans abortions after 20 weeks of pregnancy.
"This is a move in the right direction. Currently we’re at 20 weeks. This is a move down to 14 weeks, you know it’s saving more lives," said Nedweski.
"I think that once again this is just a show and there’s nothing to the conversation," said Johnson.
This battle over abortion will heat up Monday, 51 years after the Supreme Court decided Roe v. Wade. That's when you can tell lawmakers what you think of the bill at the public hearing, the same day Vice President Kamala Harris comes to the state.
VP Kamala Harris Wisconsin visit
VP Harris is planning a stop in Waukesha County on Monday, Jan. 22, where she'll kick off her nationwide "Fight for Reproductive Freedoms" tour.
The White House says Harris will talk about abortion and urge people to speak up and stay engaged on the issue.
After the bill's introduction, Vice President Kamala Harris said: "Extremists in Wisconsin just introduced a new abortion ban – the latest in their long string of attacks on reproductive freedoms. Women in Wisconsin have lived in a state of chaos and uncertainty ever since Donald Trump paved the way to overturn Roe v. Wade. If Donald Trump is reelected, he’ll try to gut abortion care in every state across the country and he has the plans to do it. Don't forget: this is the same person who said women who get abortions deserve to be punished. Make no mistake, President Biden and I will never stop fighting to make sure that Wisconsin women, and women across this country, never have to worry about the status of their fundamental reproductive rights again."
Reaction
State Senator Melissa Agard (D-Madison)
"Stop the out of touch attacks on abortions in our state, and stop acting as though being a legislator means being a doctor.
"This is not the way our government should work - fast tracking bills through direct submission on a Friday to be heard on a Monday. I hope many outspoken advocates show up to the public hearing to voice their opposition to this terrible bill."
The Heal Without Harm Coalition, which is made up of Pro-Life Wisconsin, Wisconsin Right to Life, Wisconsin Family Action, and the Wisconsin Catholic Conference
"We are defending the legitimacy and lawfulness of our current abortion ban, s.940.04. We are supporting Sheboygan County District Attorney Joel Urmanski’s appeal in defense of 940.04. Over 90 percent of abortions in Wisconsin occur before 14 weeks."