Wisconsin's abortion ban; Gov. Evers calls on GOP to repeal
MADISON, Wis. - Governor Tony Evers has called a special session, asking the Wisconsin Legislature to scrap the state’s law banning most abortions. Roe v. Wade has made that state law unenforceable.
A leaked opinion suggests the Supreme Court of the United States is set to strike down Roe v. Wade. That would bring back Wisconsin's abortion ban, which has been on the books since 1849. It punishes those who do abortions but not the mother. It also allows abortions to save the life of the mother.
Gov. Tony Evers
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"This isn’t about politics. It’s about empathy, compassion and doing the right thing," Evers said as he urged the Wisconsin Legislature to act.
"There are so many people in each of our lives – our family members, our friends and our neighbors – people each of us love and care so much about, who could see their ability to make their own reproductive health care decisions taken from them," said Evers.
Republicans plan to reject the governor's proposal.
"Wisconsin law has not changed, and our pro-life position has not changed. Killing innocent babies is not health care. We will gavel out of another blatantly political special session call from this partisan governor," Republican Senate Majority Leader Devin LeMahieu wrote.
The governor has the power to call a special session, but he has no power to force the chambers to debate or vote.
The Republican-controlled Legislature gaveled out ten other special sessions the Democratic governor called.
That includes November 2019 on gun control, August 2020 on policing, May 2021 on expanding BadgerCare and March 2022 on spending some of the state's $3.8 billion budget surplus.
It's a scene set to repeat in two weeks on abortion.
With a possible post-Roe v. Wade Wisconsin ahead, the state again debates the old abortion ban.
"What we’re talking about is leaving it up to the individual," said Rep. Deb Andraca (D-Whitefish Bay). "This decision needs to be made between a patient and their doctor, not their politician."
"We know that the majority of Wisconsinites want to keep abortion safe and legal. So we’re going to try any means necessary to get it done," said Andraca. "I don’t know why they aren’t listening to a majority of Wisconsin voters."
Rebecca Kleefisch
"I think the 1849 law stays on the books, but I also think people need to understand that we’re going to be supporting women. Period, end of story," said Rebecca Kleefisch, Republican candidate for governor. "I am a woman. I know what it feels like to take a pregnancy test and wonder about the result."
Kleefisch in May told FOX6 News she backed the current exemption to save the life of the mother, while she would not add others.
FOX6's Jason Calvi: "Would you have an exemption for rape and incest, as well?"
"No because I don’t think it’s the baby’s fault how the baby is conceived," said Kleefisch.
A Marquette University Law School Poll last year found:
- 23% think abortion should be legal in all cases
- 38% think abortion should be legal in most cases
- 23% say it should be illegal in most cases
- 11% say it should be illegal in all cases
Wisconsin State Capitol