MILWAUKEE, WI (WSAU) – Two lawsuits seek to overturn Wisconsin’s 1849 ban on abortions.
Governor Tony Evers and Attorney General Josh Kaul announced a legal challenge on Tuesday afternoon.
Kaul says he will make two arguments: First that the language used in the 1849 law is medically outdated, and cannot be applied to the modern practice of medicine. Second, that the state has passed laws to regulate abortion since the Roe v Wade ruling. He says those laws supersede the 1849 ban.
Kaul says since the U.S. Supreme Court’s ruling last week, there is confusion among nurses working with sexual assault victims as to whether they can administer emergency contraception. He says rape victims might be forced to carry their attackers’ babies to term.
Planned Parenthood of Wisconsin also will file a lawsuit, saying an outright ban on abortions endangers womens health. A legal filing is expected by the end of the week.
Planned Parenthood stopped performing abortions in Wisconsin last week. They are now referring patients to Illinois where the procedure remains legal.
Both challenges would begin in district court, but would likely be decided by the Wisconsin Supreme Court.
