MILWAUKEE — Planned Parenthood says that it will resume offering abortions in Wisconsin next week after a judge ruled that an 1849 law that seemingly banned the procedure actually didn’t apply to abortions.
Top Democrats and others are responding to the announcement. View their statements below.
The resumption of abortions at clinics Monday in Milwaukee and Madison comes as the lawsuit challenging the state law continues in county court. It is expected to eventually reach the Wisconsin Supreme Court, which flipped to liberal control on Aug. 1. Abortion clinics across the state stopped offering abortions following the U.S. Supreme Court’s ruling overturning Roe v. Wade in June 2022.
Gov. Tony Evers
Gov. Evers Releases Statement Regarding Planned Parenthood of Wisconsin Resuming Abortion Care for Patients Governor: “I will never let up. And we must not let up. Our fight to restore the same reproductive rights and freedoms Wisconsinites had up until the day the U.S. Supreme Court overturned Roe must continue.” MADISON — Gov. Evers today released a statement regarding the decision by Planned Parenthood of Wisconsin to resume providing abortion services to patients in Wisconsin.
Over a year ago now, on June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey and upending nearly 50 years of a constitutional right to abortion that Wisconsinites and Americans had relied upon for nearly five decades.
The U.S. Supreme Court decision to overturn Roe threw reproductive freedom in Wisconsin into chaos. As Wisconsin remains one of several states with an outdated criminal abortion ban on the books—which was enacted in 1849 before the Civil War and at a time when Wisconsin women did not have the right to vote—healthcare providers and patients in Wisconsin were thrown into legal uncertainty, and nearly all abortion services in the state ceased.
Since the U.S. Supreme Court overturned Roe, Wisconsinites have been without abortion care services, with few exceptions, for over a year now.
Days after the Dobbs decision was released, Gov. Evers and Attorney General Josh Kaul filed a lawsuit to clarify that Wisconsin’s outdated, total criminal ban on abortion is unenforceable. On July 7, 2023, the Dane County Circuit Court denied a motion to dismiss the case and decided to allow that lawsuit to continue. In her ruling, the judge stated that “...Wis. Stat. § 940.04 does not prohibit a consensual medical abortion.” In response to the court’s ruling, Planned Parenthood of Wisconsin today announced they plan to resume providing abortion services to patients in Wisconsin.
“I’ve been clear from the beginning that I would fight to restore reproductive freedom in our state with every power and every tool we have, and I’ve spent every day over the last year doing just that,” said Gov. Evers. “Today’s announcement from Planned Parenthood of Wisconsin as a result of our lawsuit regarding Wisconsin’s criminal abortion ban means Wisconsinites will once again be able to access vital reproductive healthcare and abortion services without exception for the first time since June of last year. This is critically important news for Wisconsin women and patients across our state who, for a year now, have been unable to access the healthcare they need when and where they need it.
“But I also want to be clear today: I will never let up. And we must not let up. Our fight to restore the same reproductive rights and freedoms Wisconsinites had up until the day the U.S. Supreme Court overturned Roe must continue,” Gov. Evers continued. “I will keep fighting like hell every day until Wisconsinites have the right to make their own healthcare decisions without interference from politicians who don’t know anything about their lives, their family, or their circumstances.”
Gov. Evers and Democrats have been working to protect and defend reproductive freedom for Wisconsinites for the past four years, including in the wake of the U.S. Supreme Court’s decision to overturn Roe and decades of reproductive healthcare precedent with their ruling in Dobbs.
Over the course of the past four years, the governor has vetoed several bills passed by the Legislature, including several during the last legislative session that would have restricted access to abortion, inserted politics into the personal and private conversations between patients and their healthcare providers and made it harder for doctors to provide medically accurate information and treatment. Many of these bills also sought to limit healthcare options for people seeking basic, necessary care, such as pregnancy care, cancer screening and prevention, sexually transmitted disease screening and treatment, and wellness exams.
Prior to the Dobbs decision, Gov. Evers joined legislative Democrats in calling on the Legislature [lnks.gd] to repeal Wisconsin’s archaic criminal abortion ban. When a leaked draft U.S. Supreme Court opinion in Dobbs revealed the Supreme Court was poised to overturn Roe, Gov. Evers called the Legislature into a special session [lnks.gd] to press legislative action to protect reproductive freedom.
Mere days after Republican legislators gaveled in and out [lnks.gd] of the special session in moments without any discussion or debate, and despite broad public concern about the topic, the U.S. Supreme Court released their decision in Dobbs, throwing reproductive healthcare access in Wisconsin into immediate chaos and uncertainty. Just days after the U.S. Supreme Court released their Dobbs decision, Gov. Evers and the attorney general filed a lawsuit challenging Wisconsin’s criminal abortion ban. On July 7, 2023, the Dane County Circuit Court denied a motion to dismiss the case and decided to allow the lawsuit to proceed challenging the enforceability of Wisconsin’s 1800s-era criminal abortion ban against physicians providing healthcare.
Last fall, after U.S. Sen. Ron Johnson (R-Wisconsin) erroneously suggested [lnks.gd] Wisconsin voters could challenge the state’s 1800s-era criminal abortion ban directly through a binding statewide referendum—something he has repeatedly since recommended, which he knows is not permissible in Wisconsin even though it is allowable in 20 other states—Gov. Evers again called the Legislature into a special session [lnks.gd] to create a pathway for Wisconsinites to directly challenge the state’s criminal abortion ban and repeal the archaic law. Republicans in the Legislature gaveled out of the special session without consideration or debate.
Earlier this year, in January, the governor and legislative Democrats announced a new effort [lnks.gd] to put an advisory referendum on the April 2023 ballot, asking voters if Wisconsin should repeal the state’s criminal abortion ban and restore the constitutional rights guaranteed for nearly 50 years under Roe.
In March 2023, Gov. Evers again joined [lnks.gd] legislative Democrats to reintroduce legislation to repeal Wisconsin’s 1849-era criminal abortion ban—a ban that was passed before the Civil War and before women had the right to vote and that prohibits nearly all abortions without exceptions for rape and incest. The bill, Assembly Bill 218 [lnks.gd], would cleanly repeal Wisconsin’s criminal abortion ban, removing this archaic statute from our books and effectively reverting abortion access in Wisconsin to what it was on June 23, 2022, the day before the U.S. Supreme Court’s decision in Dobbs.An online version of this release is available here [lnks.gd].
Senator Tammy Baldwin
“When Roe v. Wade was overturned, women in Wisconsin were sent back to 1849, living under a criminal abortion ban that stripped away their freedom to control their bodies, families, and futures. Since then, the people of Wisconsin have said loud and clear that they want their rights back. And today, we are taking an important step forward in getting those rights back. Women in Wisconsin will now be better able to access the health care they need and deserve. I applaud Governor Evers, Attorney General Kaul, and every Wisconsinite who has stood up and spoken out in this fight for our rights. Today is welcome news for Wisconsin, but know that our fight continues. In Washington, I’m proud to be leading the fight to make sure that every American in every zip code is able to make their own health care decisions, without politicians or judges butting in. In the proud tradition of our state’s motto, today we move Forward.”
Representative Gwen Moore (Milwaukee)
“I am so pleased to see Planned Parenthood of Wisconsin resume their abortion care services; this is great news for the women of Wisconsin. Women should be able to make their own health care decisions, and I hope that our state laws will soon make this a reality for millions of patients in our state by overturning its harmful 1849 abortion ban.”
