Abortion at center of Wisconsin Supreme Court race
Challenge to ban making its way up judicial ladder
Most of Wisconsin’s reproductive rights community has circled the state supreme court race as the most important election this year.
The contest pits liberal Janet Protasiewicz against conservative Dan Kelly. The advertising surrounding the race has centered on abortion access. Tanya Atkinson, CEO of Planned Parenthood Advocates of Wisconsin, said it will have implications for generations to come.
“This is absolutely the most significant Supreme Court race in the history of the state,” Atkinson said.
Wisconsin has an antiquated abortion ban that is back on the books after the Dobbs decision. The law was passed in 1849 and it makes no exceptions for abortion in cases of rape or incest. Wisconsin is one of a handful of states that have pre-Roe bans on abortion. Because Roe made it unenforceable, most state legislators didn’t think in the last half-century to repeal it. The state’s criminal abortion ban would make the doctor face up to six years in prison and a $10,000 fine as part of felony charges.
Pro-choice lawyers and activists across the country have argued for abortion access by reasoning that a right to privacy–enumerated in many state constitutions–also protects the right to end a pregnancy.
The precedent was established in Alaska and has been upheld in other states, including South Carolina. Many challenges within the court system have reached or are headed for the highest judicial body in each commonwealth.
Wisconsin Attorney General Josh Kaul and Gov. Tony Evers filed a lawsuit challenging the abortion ban. That has made the race for the judicial position hotly debated.
As of right now, people who want abortions have to drive to nearby states. Planned Parenthood of Wisconsin established a “navigator” program where volunteers help them with lodging and travel. While they can help with those things, there are other harsh realities like domestic violence that might prevent women from traveling for a long time.
“What is absolutely critical is that abortion access is returned and restored here in the state of Wisconsin,” Atkinson said.