MILWAUKEE – Today, Governor Evers and Attorney General Josh Kaul announced a legal challenge to Wisconsin’s 1800s-era Criminal Abortion Ban. The lawsuit argues Wisconsin state statutes contain two sets of criminal laws that directly conflict with each other if both are applied to abortion and therefore Wisconsin’s 19th century criminal abortion ban has been superseded by more contemporaneous legislation and cannot be enforced. Senator Melissa Agard (D-Madison) released the following statement on the challenge:

“Let me be clear, we will never stop until safe, legal abortion is restored in Wisconsin and we will not rest until pregnant people’s rights are once again respected. We know that the people of Wisconsin stand on the right side of history in support of access to reproductive health care. Period.

“In Wisconsin, we care for one another. We are there for our friends and family when they are going through the most challenging times in their life. The judicial activism displayed in the Supreme Court’s decision to overturn Roe v. Wade flies in the face of Wisconsin’s most closely held values of compassion and kindness.

“The legal challenge put forward today is correct on the merits and reflects the archaic nature of the 1849 abortion ban, which was put in place 71 years before women had the right to vote. I am grateful to Governor Evers and Attorney General Kaul for advocating so strongly for Wisconsinites across the state who deserve bodily autonomy and the respect to make these private decisions with their doctor and family – and only their doctor and family.

“This challenge will bring clarity to doctors and patients across the state. It is desperately needed. I am thrilled the Governor and Attorney General are using every tool in their toolbox to fight like hell for people across the state who demand access to abortion care without the interference of Republican politicians and unelected Supreme Court justices.”

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