Republicans gavel out of abortion law session
Evers called for end of Wisconsin’s 1849 ban
MADISON – Republican lawmakers who control the state Legislature on Wednesday rejected a special legislative session called by Gov. Tony Evers to overturn an 1849 law that would outlaw abortion in the state except when necessary to save the life of the mother.
Evers first called Wednesday’s session earlier this month in response to a leaked Supreme Court draft opinion indicating a majority of justices are poised to strike down Roe v. Wade, leaving abortion access laws up to the states.
Wisconsin’s 1849 law is currently on the books but has been unenforceable since 1973, following the Supreme Court’s landmark decision to guarantee abortion as a right.
That could change this summer should Roe fall, creating a scenario in which seeking professional help to terminate a pregnancy could essentially become illegal statewide overnight.
“The protections that people in this state have relied upon for nearly 50 years are in peril, and without swift action, so many people — our neighbors, parents, families and friends — could soon be unable to access the health care they need and deserve,” Evers wrote in his order calling for a legislative session on the issue.
The 1849 statute would most directly target doctors who perform abortions, as the law punishes “any person, other than the mother, who intentionally destroys the life of an unborn child” with a Class H felony, which may result in up to a six-year prison sentence.
The law does not explicitly punish pregnant women for performing selfinduced abortions.
Supporters of abortion access also expressed concerns that existing statutes would leave doctors in a bind, alleging the current language of state abortion laws leaves much to be interpreted regarding what constitutes an act that “intentionally destroys the life of an unborn child.”
In addition to calling on the Legislature to reverse the 1849 ban, Attorney General Josh Kaul issued a statement implying the state’s current abortion legislation may prove difficult to logistically manage and enforce given shifts in medical practices in the nearly two centuries since the law was first enacted.
“There will also likely be widespread uncertainty about the state law as people try to decipher whether, and if so how, an archaic and long-dormant 19th-century law would apply to 21stcentury medicine,” Kaul said.
Evers’ decision to convene the Legislature was met with stiff opposition by conservatives as GOP leadership
almost immediately outlined plans to open the session and instantly gavel out, shutting down any debate, and effectively dooming efforts to reverse the state’s 19th-century abortion law.
“Wisconsin law has not changed and our pro-life position has not changed,” Senate Majority Leader Devin LeMahieu, R-Oostburg, said in a statement. “We will gavel out of another blatantly political special session call from this partisan governor.”
Wisconsin state law requires the Legislature to meet if the governor takes executive action and call for a special session. It is up to the discretion of lawmakers, however, to determine how long a session lasts and what topics are or are not discussed.
The push to abruptly end Evers’ mandated meeting is just the latest example of similar efforts launched by Republicans who also gaveled out sessions called by the governor to expand BadgerCare Plus and reform policing.
The rapid end to the legislative session angered Democrats who gathered to push for an overhaul of state abortion policy and urge their colleagues to reconsider upholding the existing 173year-old law.
“We are at a crossroads in Wisconsin,” said Assembly Minority Leader Greta Neubauer, D-Racine. “Our Republican colleagues have the opportunity to join us, Governor Evers and the people of Wisconsin in protecting choice. They can join us and act on the will of the people, or they can continue to sit on their hands.”
Conservatives lambasted Evers’ move to hold a special session Wednesday with Sen. Chris Kapenga in a statement calling the governor’s actions “nothing more than a calculated campaign move and the exact reason why the Legislature isn’t in session during campaign season.”
“He’s not fooling anyone with this disingenuous political stunt,” Kapenga added.
Lawmakers were met with chants upon entering their respective chambers as abortion rights activists held protests on Capitol grounds and demonstrated while both houses of the Legislature convened.
The Senate and Assembly meetings lasted approximately 15 and 25 seconds, respectively, and Republican-led closures of each session were met with shouts of disapproval from attending Democrats.
Evers rebuked GOP legislators’ decision to gavel out, and issued a statement citing a Marquette University poll that found 70% of Wisconsinites believe abortion should be legal in all or most instances to defend his stance.
“Time and time again, the people of Wisconsin have asked Republicans legislators to do what they are elected to do — to take action on pressing our state, to do the right thing, and to help the people we are elected to serve,” Evers said. “Today, they once again failed to muster the courage to perform that simple duty.”
Today’s session comes as tensions surrounding abortion access reach a boiling point. Last month, the Madison office of the anti-abortion group Wisconsin Family Action was targeted by arsonists who threatened to engage in further attacks, according to a statement from the group.
In the wake of rising potential for violence, Republican gubernatorial candidate Tim Michels urged Evers to brace the state for similar actions and prepare for “impending acts of mass civil disobedience” in the event that Roe is reversed in the coming weeks.
“He should immediately convene Wisconsin Emergency Management leadership, raise the Emergency Operations Center status level from the current threat level five and put the Wisconsin National Guard on notice for possible deployment,” Michels said in a statement.
“Our Republican colleagues have the opportunity to join us, Governor Evers and the people of Wisconsin in protecting choice. They can join us and act on the will of the people, or they can continue to sit on their hands.”
Assembly Minority Leader Greta Neubauer D-Racine