Mike Murray, a spokesman for Planned Parenthood of Wisconsin, declined to comment about his group’s legal strategies. I think it will be a big mess.”Īppling said legal experts her group consulted believe the 1849 ban will be enforceable as it’s currently written, but that she expects a legal challenge. “I would expect a preemptive lawsuit seeking a declaration clarifying the ban is still valid and enforceable. “This is a hugely important issue,” University of Wisconsin-Madison law professor David Schwartz said. Still, he predicted “very significant litigation.” Kaul stopped short of saying whether the Department of Justice would challenge the ban, saying agency attorneys are examining all options. A legal theory known as the desuetude doctrine allows statutes that haven’t been enforced over a period of time to lapse.ĭemocratic Attorney General Josh Kaul has cited that doctrine as a way to challenge the ban, which is now more than 170 years old and hasn’t been enforced in almost 50 years. If Republicans can’t impose a blanket ban through legislation, legal observers expect the GOP or its allies to file a lawsuit asking the conservative-controlled state Supreme Court to interpret the ban’s limits.ĭemocrats likely would mount a counter argument that the ban is unenforceable because it’s been dormant for so long. Tony Evers wins a second term and Republicans can’t achieve veto-proof majorities, nothing would happen to the laws. Republicans already control the Legislature, but if they win veto-proof majorities or capture the governor’s office, they would have a clear path to rewrite the laws to their liking. That puts the onus on the 2022 elections. “And I would hope as soon as we start this new legislative session, that we will take a close look at doing just that.” “I think there are some things that we can do to refine that law and improve that law,” said Julaine Appling, executive director of the anti-abortion group the Wisconsin Family Council. Republicans would likely would push new legislation tightening up the laws. WHAT WOULD THE BATTLE LINES LOOK LIKE IN THE STATEHOUSE?
WISCONSIN STATE JOURNAL SERIES
A series of political and legal battles would probably come first.
WOULD THOSE LAWS COME INTO PLAY IF ROE V. The 1985 law also includes an exception to save a woman’s life, but it appears to conflict with the 1849 ban since it allows abortions before the point of viability. Wade and established that women have a right to an abortion prior to viability, generally considered to be the 24th week of pregnancy. Supreme Court ruling that affirmed Roe v. Top Rhode Island officials call for ban on assault weaponsĪ 1985 law prohibits abortions performed after a fetus reaches viability, which is the point at which a child could viably survive outside of the womb.
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