Pro-Life Groups Intervene to Prevent Abortion From Becoming a “Constitutional Right” in Wisconsin

Yesterday, Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin jointly filed to block Attorney General Josh Kaul’s finding an abortion right in the Wisconsin Constitution. Pro-Life organizations are petitioning the Wisconsin Supreme Court to admit them as arbitrators and are represented by The Wisconsin Institute for Law and Liberty (WILL) and the Thomas More Society.

Attorney General Josh Kaul’s original case raised various arguments as to why Wisconsin Statute 940.04 no longer applies as an abortion ban. Importantly, the Attorney General did not raise any constitutional challenges in his original filing. On appeal alone, in his recent supplemental bypass petition, Attorney General Kaul seeks to improperly enter a constitutional claim in his own case to create a constitutional right to abortion in Wisconsin. This is procedurally incorrect.

The claim is also without merit. There is no abortion right in the Wisconsin Constitution. Further, the United States Supreme Court in Dobbs recently and properly returned this issue to the duly elected state representatives in the legislative branch. That the Attorney General is attempting to take this issue away from the people of Wisconsin is unjust and unwise. However, there are those who support abortion at all stages and take every opportunity to find a path to full legal abortion.

All three pro-life organizations have been working for years to offer alternatives to abortion and help Wisconsin women make life-affirming decisions.

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Attorney General Kaul is trying to bypass the legislative process to fix the issue of abortion in Wisconsin by persuading the Wisconsin Supreme Court to accept a procedurally improper case to find an unconstitutional abortion right .

Heather Weininger, Executive Director of Wisconsin Right to Life said, “The goal of the three branches of government is to ensure that each remains in their appropriate role. Sadly, those who support taking the lives of our preborn child is now taking it right to the top of our state judicial system to find an abortion right in our constitution. It threatens our other laws that are put in place to protect and inform those who make life and death decisions about their premature baby; this is not a precedent that should be set in our state.”

Christine File, President of Wisconsin Family Action said, “The Attorney General’s attempt to make a constitutional abortion case on appeal is the Attorney General’s attempt to make a constitutional abortion case basic principles of procedure. The Wisconsin Supreme Court should not allow this. Further, under our constitutional republic, the creation of laws is reserved for the legislative branch, and there are many laws in Wisconsin that protect women, girls, and unborn children from the lucrative abortion industry. The Wisconsin Supreme Court should not allow this case to create an alleged constitutional right that abrogates statutory protections enacted by the legislature for Wisconsin’s most vulnerable.”

Dan Miller, State Director of Pro-Life Wisconsin, said, “If the Wisconsin Supreme Court finds a ‘right to abortion’ in our state constitution, it would be the strangest piece of legislation from the court in the history of the state. judiciary of Wisconsin. For Attorney General Kaul and Planned Parenthood to petition the Court to do so demonstrates their complete disregard for the rule of law in pursuing unrestricted abortion until birth.”

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