
Wisconsin lawmakers, advocates react to Supreme Court ruling upholding abortion access
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Wisconsin lawmakers, advocates react to Supreme Court ruling upholding abortion access
Abortion remains legal in Wisconsin after the state Supreme Court upheld a lower court’s decision. Democrats and abortion rights advocates cheered the ruling as an affirmation that reproductive health care remains accessible in Wisconsin. Republicans and anti-abortion groups argued the court’s liberal majority overstepped its authority. The court determined lawmakers effectively repealed the statute when they enacted new abortion laws in more recent years, such as a ban after 20 weeks of pregnancy and an ultrasound requirement. The laws remain in effect, and the ruling is expected to be appealed to the U.S. Court of Appeals for the Wisconsin Supreme Court in June.. The decision is “judicial activism at its worst,” National Right to Life president Carol Tobias said. The ruling is “a powerful reminder of the importance of advocating for our freedoms,” Attorney General Josh Kaul said. “The government has no place standing between women and their healthcare, interfering with one of the hardest decisions somebody has to make,” Planned Parenthood Advocates of Wisconsin executive director Heather Weininger said.
The court determined lawmakers effectively repealed the statute when they enacted new abortion laws in more recent years, such as a ban after 20 weeks of pregnancy and an ultrasound requirement. Those laws remain in effect.
Democrats and abortion rights advocates cheered the ruling as an affirmation that reproductive health care remains accessible in Wisconsin, while Republicans and anti-abortion groups argued the court’s liberal majority overstepped its authority.
Here’s a roundup of reactions from across the state.
Democratic Gov. Tony Evers
Evers called the ruling a win for women, families, health care professionals and “basic freedoms in Wisconsin.”
“Thanks to our lawsuit, today’s decision affirms that access to reproductive healthcare will continue to be available, helping ensure Wisconsin women today are not forced to face firsthand what it’s like to live in a state that bans nearly all abortions, even in cases of rape and incest,” Evers said in a statement.
Evers pledged to veto efforts that would make birth control, abortion, IVF or fertility treatments less accessible in Wisconsin.
Republican Party of Wisconsin
In a statement, Republican Party of Wisconsin chairman Brian Schimming said abortion laws should be left up to lawmakers and voters. Some Republicans have pushed for a referendum on whether to limit access.
“The Wisconsin Supreme Court’s role is to follow the Constitution, not to make law. This issue should be resolved in the legislature and by voters, not by far-left justices parading as legislators,” Schimming said.
Democratic Party of Wisconsin
Devin Remiker, the newly elected chairman of the Democratic Party of Wisconsin, posted on X that the decision was a “victory for all Wisconsinites.”
“The government has no place standing between women and their healthcare, interfering with one of the hardest decisions somebody has to make,” Remiker said.
Planned Parenthood
Planned Parenthood Advocates of Wisconsin called the ruling “another step forward in protecting and expanding access to abortion in Wisconsin.”
Planned Parenthood said it believed the 1849 statute could not be enforced against providers after Roe was overturned. “This final ruling again confirms this,” the group said.
“While we celebrate this ruling, there is more to be done,” Planned Parenthood said.
Wisconsin Right to Life
Wisconsin Right to Life Executive Director Heather Weininger told the Milwaukee Journal Sentinel that the decision that came out wasn’t a surprise to the organization, which has worked to “create a society in which every person’s right to life is secure,” according to the organization’s website.
“What we were waiting to see is how they got to that decision and it’s very disappointing to see that while they use implied repeal they failed to tell us which law it took away,” Weininger said, adding that the liberal majority on the court will in “any way shape or form use their activism on the court to make laws the way they want to see them.”
National Right to Life
In a statement, National Right to Life president Carol Tobias said the decision is “judicial activism at its worst.”
“The court seized legislative authority by declaring unenforceable a valid law that has been on the books since 1849. The court made this decision without any explicit action from the legislature to repeal it,” Tobias said.
Attorney General Josh Kaul
In a statement, Democratic Attorney General Josh Kaul said the ruling “marks a major victory for reproductive freedom following the uncertainty and harm to women’s health that have resulted from the U.S. Supreme Court’s overturning of Roe v. Wade.”
“At a time when rights are endangered, this ruling is a powerful reminder of the importance of advocating for our freedoms,” Kaul said.
Former Republican Gov. Scott Walker
In a post on X, former Republican Gov Scott Walker said “thankfully we will have the law I signed in 2015 that protects an unborn child near the midpoint of a pregnancy.”
“Had I not signed that law, there would be no real legal protections for the unborn in Wisconsin after this decision by the Wisconsin Supreme Court,” Walker said.
That 2015 law enacted a ban on abortion 20 weeks after “probable fertilization “in Wisconsin, which is currently in effect.
U.S. Sen. Tammy Baldwin
Baldwin, a Democrat, said she will continue working to pass legislation she’s leading to restore access to abortion nationwide.
“Today’s ruling tells women across Wisconsin that we will not go back. Today’s ruling tells women that our government trusts you to make decisions about your own body and your future. Today’s ruling tells women in our state that they are not second-class citizens. But, this fight is not over,” Baldwin said in a statement.
Senate Majority Leader Devin LeMahieu
When asked about any plans to introduce legislation regarding abortion, Senate Majority Leader Devin LeMahieu, a Republican from Oostburg, said he hadn’t had time to review the ruling.
“I’m not even sure what weird rationale our liberal Supreme Court used to do this,” he said at a media conference July 2 before the state Senate began votes on the state budget.
Milwaukee Journal Sentinel reporters Anna Kleiber and Laura Schulte contributed to this story.