Milwaukee Journal Sentinel

Wisconsin unlikely to copy Texas on abortion

Possibilit­ies shift if GOP wins 2022 race for governor

- Molly Beck and Patrick Marley

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 firestorm nationwide.

Women are barred from seeking abortions after 20 weeks of pregnancy in Wisconsin.

A divided U.S. Supreme Court on Wednesday left in effect 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 five 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 Kleefisch 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 different. 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 effect 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.

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