On Tuesday, I noticed an appeal to the Court of Appeals from the Dane County Circuit Court’s decisions addressing the applicability of Wis. Stat. § 940.04 to abortion. I have not shared my personal opinion on what I think the law on abortion should be. But, as I have repeatedly stated, it is my view that, properly interpreted, the statute at issue prohibits performing abortions (including consensual abortions) unless the exception for abortions necessary to save the life of the mother applies. My position in this case is guided by my understanding of the law, not my own personal values or preferences.
I understand that this case, and the questions surrounding the legality of abortion in the State of Wisconsin, is of significant interest to many throughout our State. And, I believe a prompt and definitive resolution of this case would be in the best interests of all Wisconsinites. A decision by a single Dane County Circuit Court Judge does not provide the resolution that this issue requires. Without a decision from a higher court, the current decision only specifically addresses three counties. Nor do I think that following the ordinary course of appealing to the Court of Appeals before seeking Supreme Court review would provide the speedy and conclusive end to this dispute that I believe our citizens want. For that reason, I intend to file a petition with the Wisconsin Supreme Court asking it to take up this appeal without awaiting review in the Court of Appeals. Although that petition has not yet been filed, I expect it will be in the coming weeks and I hope that our Supreme Court will take this case. I believe it would be in the best interests of the State as a whole for this issue to be considered and resolved by our Supreme Court immediately.
