MADISON- On Tuesday, the Dane County Circuit Court ruled that Wis. Stat. 940.04 bans feticide, not abortion. Attorney General Kaul filed a lawsuit challenging the 1849 ban just a few days after the U.S. Supreme Court Dobb’s decision. This decision aligns with the interim motion to allow Planned Parenthood of Wisconsin to resume abortion services in Sept. 2023. With this ruling, Wisconsin returns to its pre-Dobb’s abortion laws, under which abortion is banned 20 weeks after “probable fertilization”. Representative Shelia Stubbs released the following statement:
“This decision is not only a huge step forward for Planned Parenthood, but for providers and patients advocating for greater reproductive access in our state. My hope is that this decision gives more strength and reassurance to providers and healthcare systems administering abortions, as some of these limitations are lifted. I applaud these brave providers for the challenging work they do to provide Wisconsinites with safe and compassionate reproductive care. I aim to expand their service of care, as access to abortions is crucial for the health of Wisconsinites with uteruses.
Though this decision is a great stride towards reproductive rights, the defendants still have the right to appeal. An appeal to this decision would be to actively ban abortion care in Wisconsin, further disrupting PPWI’s ability to deliver healthcare. If no one were to appeal, this ruling will be the final decision in this case, and access to abortions up to 20 weeks after conception can resume.
“You can ban abortion. People still get abortions. This is important to know- that people will be denied care and that they will put their health at risk” says Senior Research Scientist at Guttmacher Institute, Liza Fuentes. Although the ruling on the 1849 ban is a win for Wisconsinites alike, there is still much more work to be done to increase reproductive care in Wisconsin. While this ruling is a huge step towards abortion access, we still need to protect and expand this service. A lack of abortion care can jeopardize the health of women, people who can become pregnant, as well as further exacerbate disparate health outcomes for women of color and rural women. All Wisconsinites are entitled to the right to bodily autonomy, and providers deserve to give this beneficial service without prosecution and unnecessary limitations.”