May 18, 2022

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The Legal System

Wisconsin law would ban abortions if Roe v. Wade is overturned

3 min read


Abortions in Wisconsin would become illegal if the leaked Supreme Court opinion obtained by Politico overturning Roe v. Wade stands. Wisconsin’s law dates back to 1849 and bans doctors from performing abortions except when the mother’s life is at risk. The law provides no exceptions for rape or incest. “Bottom line is abortion almost immediately becomes criminalized in Wisconsin,” Chad Oldfather said, professor at Marquette University Law School. Doctors in Wisconsin could be charged with felonies and face up to six years in prison and a $10,000 fine. For years Democrats have attempted to repeal the law.”There is a reality that has to sink in for Wisconsinites that abortion could be illegal in our state,” state Rep. Lisa Subeck (D-Madison) said. “If we can’t change the minds of the majority in the Legislature, it’s time to start changing who occupies those seats.” Republicans, who control the state Legislature, would have to decide whether to support changes to the 19th Century law.“I think it’s a conversation that’s going to start all over again,” state Rep. Donna Rozar (R-Marshfield) said. “Some Republicans will be open to a discussion about what exceptions might be put in place.”The changes would likely prompt Wisconsin women to travel to other states to seek abortions.Illinois Gov. JB Pritzker proclaimed his state a haven during a Tuesday morning news conference.”Abortion is safe and legal in Illinois,” Pritzker said. Illinois health officials said in 2020 nearly 10,000 women traveled from other states to have an abortion.

Abortions in Wisconsin would become illegal if the leaked Supreme Court opinion obtained by Politico overturning Roe v. Wade stands.

Wisconsin’s law dates back to 1849 and bans doctors from performing abortions except when the mother’s life is at risk. The law provides no exceptions for rape or incest.

“Bottom line is abortion almost immediately becomes criminalized in Wisconsin,” Chad Oldfather said, professor at Marquette University Law School.

Doctors in Wisconsin could be charged with felonies and face up to six years in prison and a $10,000 fine.

For years Democrats have attempted to repeal the law.

“There is a reality that has to sink in for Wisconsinites that abortion could be illegal in our state,” state Rep. Lisa Subeck (D-Madison) said. “If we can’t change the minds of the majority in the Legislature, it’s time to start changing who occupies those seats.”

Republicans, who control the state Legislature, would have to decide whether to support changes to the 19th Century law.

“I think it’s a conversation that’s going to start all over again,” state Rep. Donna Rozar (R-Marshfield) said. “Some Republicans will be open to a discussion about what exceptions might be put in place.”

The changes would likely prompt Wisconsin women to travel to other states to seek abortions.

Illinois Gov. JB Pritzker proclaimed his state a haven during a Tuesday morning news conference.

“Abortion is safe and legal in Illinois,” Pritzker said.

Illinois health officials said in 2020 nearly 10,000 women traveled from other states to have an abortion.



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