Wisconsin's abortion ban could be back on the books if Roe is overturned
Law that was passed in 19th century was never repealed after SCOTUS nullified it
(Bonnie Margulis, leader of the Religious Coalition for Reproductive Choice, speaks in 2008. Margulis is working with Planned Parenthood to build interfaith relationships)
As was reported in several media outlets, Wisconsin currently has an abortion law that was nullified by the Supreme Court in the Roe v. Wade decision. It hasn’t been enforced for nearly 50 years because it is dead letter. Now, with SCOTUS possibly overturning the precedent, Wisconsin’s old law would come back into effect.
The law 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.
Lisa Boyce, the spokeswoman for Planned Parenthood of Wisconsin, said it was unclear whether district attorneys would prosecute abortion providers for performing the procedure. The statute of limitations is also unclear. Women couldn’t be punished for getting an abortion, but doctors would face prison time.
“So we are still trying to get clarification,” Boyce said. “I don't know that we will get clarification on some of our legal questions until we know what the language is from the Supreme Court in their decision later this summer
According to the CAP Times, Wisconsin’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.
In September, Wisconsin Attorney General Josh Kaul joined 24 other state attorney generals in the country to file an amicus brief urging the Supreme Court to uphold Roe v. Wade.
“Mississippi is asking the U.S. Supreme Court to overturn Roe v. Wade, which has protected women’s health, privacy, and freedom for nearly half a century,” Kaul said in a news release. “It’s crucial that the Supreme Court continues to protect the reproductive rights of women across the country.”
Republicans control the state legislature in Wisconsin, with a Democratic governor and attorney general. Gov. Tony Evers has already vetoed nine restrictive abortion laws introduced in the general assembly.
State Sen. Kelda Roys and Rep. Lisa Subeck introduced the Abortion Rights Preservation Act last year on the 48th anniversary of the Roe v. Wade decision. The bill would have repealed the archaic law that had been on the books since 1849.
“Unfortunately, constant efforts to undermine women’s rights and health and pack courts with right-wing ideologues may well lead to the end of Roe,” Roys said at the time. “If that happens, abortion will become a felony in Wisconsin. We will not go back to back-alley abortions and let doctors be branded as criminals.”
Boyce said their work now is focused on scenario planning–coming up with ways to help women get abortion care even if it means transporting them out of state. Are women willing to fly or drive? These are questions that ultimately add up to a larger one.
“So in the case of a worst-case scenario, how are we going to ensure our commitment to patients that they get care to no matter what they're facing?” Boyce said.
There are currently only four abortion providers in Wisconsin, according to Boyce. Planned Parenthood comprises three of those, with Affiliated Medical Services in Milwaukee being the other option for women.
Other activists in the area are seeking to galvanize the religious community. Bonnie Margulis, chair of the Wisconsin Religious Coalition for Reproductive Choice, said she is working with the state’s Planned Parenthood affiliate to build interfaith relationships between reproductive rights leaders and the area’s mosques, synagogues and churches. They’ve also been focusing on preventing voter suppression, gerrymandering and many other efforts to marginalize liberal voters. That’s made it challenging to hone in on building a repro rights movement with the limited resources and staff they have.
“There are so many bad fires going on that it’s hard to put them all out,” Margulis said.