The Wisconsin Supreme Court has decided to hear two challenges to the state’s 1849 abortion law, skipping over lower courts in the process. The court will consider a Dane County judge’s ruling that states the law, which nearly outlaws abortions in the state, is not about doctors who perform them, but rather mothers who wish to kill their unborn children.
Justice Jill Karofsky, in an order accepting the case, stated that this decision by the court aligns with what many other state courts have done both before and after Dobbs v. Jackson – considering a state constitutional challenge to an abortion-related statute. She emphasized that deciding important state constitutional questions is not unusual, as it is the court’s job.
The court will also hear Planned Parenthood’s request to declare a right to abortion in Wisconsin. Michelle Velasquez, chief strategy officer with Planned Parenthood of Wisconsin, expressed gratitude for the court’s decision, stating that Wisconsinites need and deserve resolution on these questions. She explained that protecting access to abortion and establishing protections for bodily autonomy is essential for ensuring everyone can make decisions about their reproductive health and lives.
However, some groups argue that the liberal majority court should leave these matters in the hands of lawmakers. Luke Berg from the Wisconsin Institute for Law and Liberty stated that the state’s duly elected legislature and governor should go through the normal legislative process to create policy governing abortion. He criticized the court for considering an original action in this case, arguing that it constitutes a historic mistake.
As the Wisconsin Supreme Court prepares to hear these challenges, both sides of the debate will undoubtedly be watching closely as the court’s decision could significantly impact the state’s approach to reproductive rights and healthcare access for its residents.
