Law firm disputes Wisconsin AG’s claim that abortion is a constitutional right
Wisconsin Attorney General Josh Kaul is a champion when it comes to defending the murder of unborn children. However, his understanding of the state Constitution leaves much to be desired.
In the fight for life in Wisconsin, Kaul has made an audacious request to the Wisconsin Supreme Court, claiming a constitutional right to abortion. This claim has been challenged by a Milwaukee-based public-interest law firm, arguing that it goes against the state Constitution.
The Wisconsin Institute for Law and Liberty, representing Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin, argues that Kaul’s attempt to create a constitutional right to abortion is baseless. The state Constitution does not guarantee such a right, and in fact, there are provisions that prohibit abortion in Wisconsin.
It is worth noting that Kaul has already achieved a victory by losing in the liberal-controlled Dane County Circuit Court. Whether his expanded argument will hold up in the state Supreme Court remains to be seen.
‘Rife with Uncertainty’
Last month, Kaul filed a supplemental petition asking the court to take jurisdiction over the case of Kaul, et al. v. Urmanski, et al. This appeal challenges a ruling by the Dane County Circuit Court that the 1849 Wisconsin law banning most abortions does not apply. The law only addresses infanticide, according to the interpretation of the judge.
Following the U.S. Supreme Court’s recent ruling in Dobbs v. Jackson Women’s Health, which found that the U.S. Constitution does not guarantee the right to an abortion, Wisconsin’s dormant abortion statute was revived. Kaul swiftly filed a lawsuit arguing that the 1849 law conflicted with a 1985 law allowing abortions up until viability.
The Dane County judge, without needing Kaul’s argument, ruled that abortions were legal in Wisconsin because the 1849 law did not explicitly mention the word “abortion.”
However, Kaul is not satisfied with this outcome. He wants the Wisconsin Supreme Court to establish a definitive ruling that protects abortion on demand. Backed by Planned Parenthood, Kaul is pushing for the court to declare a constitutionally protected right to abortion, even though it does not exist in the state Constitution.
‘Inherent Rights to Life’
The Wisconsin Institute for Law and Liberty dismisses Kaul’s claim as baseless. The state Constitution does not mention the right to an abortion, and throughout Wisconsin’s history, abortion has been prohibited to some extent.
Even during the era of Roe v. Wade, Wisconsin had laws in place regarding parental consent, waiting periods, and bans on partial-birth abortions.
The Institute is seeking to intervene in the case to challenge Kaul’s attempt to change the scope of the lawsuit and introduce a constitutional question. Kaul’s actions are highly unusual and go against established legal advice.
Kaul’s alignment with Planned Parenthood is evident, as they both seek to establish an affirmative right to abortion. Planned Parenthood employs Kaul’s arguments to support their cause.
‘A Question that Belongs to the Legislature’
The Supreme Court has yet to decide whether it will take up these cases. However, the election of liberal Justice Janet Protasiewicz, supported by significant funding from Planned Parenthood, has shifted the court’s balance in favor of liberals. The Wisconsin Institute for Law and Liberty argues that the question of where to draw the line on abortion should be left to the Legislature, especially considering the upcoming changes due to redistricting. They urge the court to reject Kaul’s attempt to constitutionalize abortion in Wisconsin.
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Does the Wisconsin state Constitution guarantee the right to abortion?
Ts the right to abortion, arguing that the state Constitution guarantees this right. This argument, however, is not supported by the Wisconsin Institute for Law and Liberty, which asserts that the state Constitution does not provide for a right to abortion and even includes provisions that prohibit it. And while Kaul may have celebrated a victory in the Dane County Circuit Court, his expanded argument will face a tougher challenge in the state Supreme Court.
The case at hand, Kaul, et al. v. Urmanski, et al., centers around a supplemental petition filed by Kaul. The appeal challenges the ruling of the Dane County Circuit Court, which declared that Wisconsin’s 1849 law banning most abortions does not apply because it only addresses infanticide. The judge interpreted the law to exclude abortions. However, following the recent ruling in Dobbs v. Jackson Women’s Health by the U.S. Supreme Court, which affirmed that the U.S. Constitution does not guarantee the right to abortion, Wisconsin’s dormant abortion statute was revived. Kaul immediately filed a lawsuit arguing that the 1849 law conflicts with a 1985 law allowing abortions until viability.
Interestingly, the Dane County judge went one step further and ruled that abortions were legal in Wisconsin because the 1849 law did not explicitly mention the word “abortion.” This decision further bolstered Kaul’s argument and provided a stepping stone for his push to establish a definitive ruling on the right to abortion in Wisconsin.
However, the Wisconsin Institute for Law and Liberty, representing Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin, firmly asserts that Kaul’s attempt to create a constitutional right to abortion is baseless. They argue that the state Constitution does not guarantee such a right and even contains provisions that explicitly prohibit abortion. This counters Kaul’s claim and adds another layer of complexity to the ongoing legal battle.
Now, the fate of Kaul’s argument lies in the hands of the Wisconsin Supreme Court. It remains to be seen whether the Court will agree with Kaul’s interpretation of the state Constitution or align with the Wisconsin Institute for Law and Liberty’s arguments against a constitutional right to abortion. The outcome of this case will have significant implications for the future of abortion rights in Wisconsin and may potentially impact abortion legislation and debates in other states as well. For now, we await the final judgment of the Wisconsin Supreme Court, which will determine the extent of reproductive rights in the state.
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