Gov. Tony Evers and Wisconsin Attorney General Josh Kaul announced a direct legal challenge to Wisconsin’s 1800s-era criminal abortion ban that prohibits nearly all abortions in Wisconsin, including in cases of rape and incest. The lawsuit comes in the wake of the U.S. Supreme Court decision overturning Roe v. Wade, ending nearly 50 years of a constitutional right to abortion. Wisconsin’s criminal abortion ban originated in 1849 at a time when Wisconsin women did not have the right to vote. In anticipation of Wisconsin’s criminal abortion ban potentially going into effect, health care providers in Wisconsin have already begun halting abortion procedures. Dane County District Attorney Ismael Ozanne said his office will not prosecute abortion providers under Wisconsin’s 1849 abortion ban.
Meanwhile, President Joe Biden said he would support carving out an exception to the Senate filibuster rule to codify abortion rights and other privacy rights as well. This could reestablish a national standard that would supersede state laws that restrict abortion. The president had previously said he would back a carveout for voting rights legislation, but Democrats do not have the votes to support altering the rule. By suspending the filibuster that requires 60 votes to move legislation in the Senate, there would be enough votes to codify Roe into law.
