EC Wisconsin News

Sheboygan County District Attorney Joel Urmanski, a Republican, has appealed a court decision that permits abortions under a 1849 Wisconsin law, thereby reigniting the legal debate over abortion rights in the state. Urmanski is challenging the interpretation of this law, potentially escalating the case towards the Wisconsin Supreme Court, which currently has a liberal majority.

According to Fox News, Urmanski sought an appeal hearing in the Waukesha-based 2nd District Court of Appeals. This court is known for its conservative-leaning majority and typically involves three-judge panels. The case could potentially progress to the state Supreme Court where there is a 4-3 liberal majority. This includes Justice Janet Protasiewicz, who is known for her advocacy of abortion rights. The cessation of abortions by Planned Parenthood in Wisconsin followed the U.S. Supreme Court's June 2022 decision to overturn Roe v. Wade, citing the state's perceived ban on the procedure within the 1849 law.

Fox News also reported that in July, Judge Dianne Schlipper interpreted the 1849 ban as not specifically addressing "abortion." Instead, she stated it only prohibits harm to a woman's unborn child. This interpretation led to her recent order and set the stage for Urmanski's appeal. Following this ruling, Planned Parenthood resumed abortion services in Madison and Milwaukee with plans for a Sheboygan clinic to reopen soon. District attorneys in all three clinic counties, including Urmanski himself, have committed to complying with Schlipper's decision throughout the ongoing legal process.

According to AP News, Republican Assembly Speaker Robin Vos has proposed new abortion laws to address outdated statutes. For such a law to reach voters, it must pass through the GOP-controlled Legislature and receive approval from Democratic Governor Tony Evers before being included as a binding referendum in a statewide election. Despite previous attempts by Governor Evers to revoke the 1849 abortion ban, Wisconsin law does not permit voter-initiated ballot questions.

A recent Marquette Law School Poll, as reported by Fox News, found that 72% of respondents oppose overturning Roe v. Wade. Opinions on restricting abortion after 15 weeks are evenly split with 49% in favor and 51% against among those expressing a view. The survey was conducted from January 10-21, 2022 and interviewed 1,000 adults nationwide with a margin of error of +/-4 percentage points.