Wisconsin Updates on Abortions and Reproductive Health Care
February 22, 2024
Planned Parenthood of Wisconsin (PPWI) filed a petition for original action asking the Wisconsin Supreme Court to protect the right to access and provide abortion in Wisconsin. At the core of the petition is Article 1, Section 1 of the Declaration of Rights in the Wisconsin State Constitution, which reads: “All people are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness.” PPWI claims that in these inherent rights are bodily autonomy and integrity and the right to self-determination. These rights cannot be realized if people do not have access to abortion and control over their own bodies. PPWI claims that if the Supreme Court rules favorably, then the current abortion restrictions can be challenged.
February 21, 2024
The Sheboygan County DA, Joel Urmanski, asked the WSC to review the lower court’s (Schlipper’s) ruling making abortions legal in Wisconsin, setting the stage for the issue of abortion access to be decided by the state’s highest court. If the WSC agrees, it’s likely the court will side with the lower court’s ruling.
December 2023
Dane County Circuit Judge Diane Schlipper ruled that the1849 law actually applies to feticide and note abortion. Prior to this, in September 2023, Planned Parenthood of Wisconsin resumed providing abortions after Schlipper issued an order signaling her decision. With the 1849 statute no longer in effect, Wisconsin returned to its previous abortion laws.
Post-Dobbs Decision June, 2022
The Dobbs decision reactivated an 1849 Wisconsin law interpreted by some as banning nearly all abortions. Abortion providers in the state stopped offering services for fear of criminal prosecution while courts determined whether the law was enforceable.
Pre-Dobbs Decision June, 2022
Wisconsin law banned abortions after 20 weeks of pregnancy. Women were also required to undergo an ultrasound, along with a counseling appointment and a 24-hour waiting period. In the case of medication abortions, the doctor who administers the pills must be the one seen for the counseling appointment, and the pills cannot be taken remotely via telemedicine.
Attorney General Kaul files a challenge to the 1849 Wisconsin law, June 2022
Attorney General Josh Paul and Governor Tony Evers filed a lawsuit shortly after the U.S. Supreme Court (SCOTUS) in June 2022 overturned the 1973 Roe v Wade decision and the 1849 law, interpreted as prohibiting abortions, went into effect in Wisconsin.