The case will ask the high court to rule that access to abortion is a right protected by the Wisconsin Constitution. It gives the court’s four-member liberal majority the opportunity to issue a ruling that would give sweeping protections for women’s reproductive rights.
Planned Parenthood’s argument is rooted in Article 1, Section 1, of the Wisconsin Constitution, which states, in part, that “all people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness.” It argues the equal protection clause in the Wisconsin Constitution “encompasses the right to make one’s own decisions about reproductive health care, including whether or not to carry a pregnancy to term and a physician’s right to provide appropriate abortion care.”
Laws enacted in 1849, the year after Wisconsin became a state, have been interpreted as outlawing abortion in all cases except to save the mother’s life. Abortion was outlawed in the state after the U.S. Supreme Court overturnedin 2022. In 2023, however, a Dane County judge ruled that the 1849 law did not, in fact, outlaw abortion, which promptlyOral arguments will likely happen when the court’s next term begins in the fall.
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