Wisconsin unlikely to copy Texas on abortion
Possibilities shift if GOP wins 2022 race for governor
MADISON - It’s unlikely for now that Wisconsin lawmakers will enact abortion restrictions matching a controversial Texas law that the U.S. Supreme Court decided to leave in place — setting off a firestorm nationwide.
Women are barred from seeking abortions after 20 weeks of pregnancy in Wisconsin.
A divided U.S. Supreme Court on Wednesday left in effect a new law in Texas that prohibits abortions after about six weeks of pregnancy and is one of the most restrictive abortion laws in the nation.
Republican Texas Gov. Greg Abbott signed the legislation in May. It bans abortions once a fetal heartbeat is detected, usually around six weeks of pregnancy, and allows private citizens to sue abortion providers. There are no exemptions in cases of rape or incest.
What are Wisconsin’s abortion laws?
Republican lawmakers in Wisconsin have passed legislation in recent years under former Gov. Scott Walker that bans abortions after five months of pregnancy and requires women to receive an ultrasound beforehand. Since 1996, women seeking abortions are required to participate in counseling and wait 24 hours before undergoing the procedure.
But Walker opposed making Wisconsin’s other abortion laws more strict and in 2018 signaled he wouldn’t sign legislation that banned abortions after six weeks.
Democratic Gov. Tony Evers has vetoed abortion legislation and has promised any new restrictions won’t be signed into law.
“I will always trust women to make decisions about their bodies and their health care,” Evers tweeted Thursday, referencing the Supreme Court’s decision to leave the Texas law in place.
Could this change if there is a new governor after 2022?
What is possible after 2022 is less clear. Evers is up for re-election and likely Republican challengers are supportive of abortion restrictions.
Former Lt. Gov. Rebecca Kleefisch served with Walker when he opposed legislation to ban abortions after six weeks of pregnancy but it’s unclear whether her position as governor would be different. She recently released a policy agenda that emphasized the “sanctity of life” and noted she had hosted a Wisconsin Right to Life dinner.
Rep. John Macco, a De Pere Repub
lican also running for governor, has supported legislation restricting abortions over the years.
It's certainly possible state lawmakers who support more abortion restrictions would propose a similar bill under a receptive governor.
Court’s review of Mississippi law could have impact here
The Supreme Court's decision to let the Texas law stand comes as the justices prepare to hear arguments in a case challenging a Mississippi law that bans abortion after 15 weeks. That's about two months earlier than what's allowed under Roe v. Wade and other decisions that have upheld a constitutional right to abortion.
Mississippi has asked the justices to overturn Roe. Such a ruling could result in dramatic changes in Wisconsin because the state has a 19th century law on the books that bans all abortions.
That law has not been enforced for decades, but Roe's opponents and supporters agree it would go back into effect if Roe were reversed.
The high court is expected to rule on the Mississippi case by the summer of 2022. By then, Wisconsin will be in the middle of campaigns for governor and U.S. senator.
Madison federal judge considering state rules
Separately, a federal judge in Madison is considering whether to strike down some of Wisconsin's abortion laws.
U.S. District Judge William Conley presided over a trial in December in a lawsuit that challenges laws that prevent nurse practitioners from administering abortions and limit the availability of pills that induce abortions.
Conley has not said when he will issue a decision. However he rules, his decision is all but certain to be appealed to the 7th Circuit Court of Appeals in Chicago.