A challenge to this ban has been working its way through the courts, raising the stakes infor an open seat in the state’s Supreme Court. Conservatives have been in control of the court for the past 15 years and currently hold a 4-3 majority. But the election could tip the balance, determining whether the lawsuit that aims to overturn the 1849 ban is heard by a conservative or liberal majority later this year.
Whoever wins will fill the seat of a retiring conservative justice. While the election is technically nonpartisan, voters will choose between Milwaukee County Circuit Judge Janet Protasiewicz, a liberal former prosecutor who supports abortion rights, and former State Supreme Court Justice Dan Kelly, who has run on an anti-abortion platform andBoth candidates advanced to the general election in February after the primary saw record turnout.
The race could not only decide whether the ban is lifted, but whether the state constitutionally protects abortion.to overturn the 174-year-old ban at the request of Governor Tony Evers, a fellow Democrat. Kaul has argued before the court that a 1985 law allowing abortion up until viability, which was implemented following, supersedes the 19th-century ban.
The legal challenge has slowly been moving through the courts, and it is likely to be heard by the Wisconsin Supreme Court after the new justice is sworn in in August. Whoever ends up being that new justice will almost certainly determine how the case is decided. A conservative majority would likely keep the abortion ban in place, while a liberal-leaning majority could go even further than just overturning it.
The court could rule that abortion is protected under the Wisconsin State Constitution, which would prevent anti-choice lawmakers from further restricting the procedure. Such a decision would safeguard abortion care from the whims of the Republican Party, which controls both chambers of the legislature and recentlyProtasiewicz and Kelly are polar opposites.for ten years. She was first elected to the Milwaukee County bench in 2013 and oversees cases in family court.
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