Wisconsin attorney general won’t enforce any abortion ban

Authored by apnews.com and submitted by Financial_Lime_252
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Wisconsin Attorney General Josh Kaul speaks during the We Are the 80% rally on Thursday, Nov. 7, 2019 at the State Capitol in Madison, Wis. Kaul said in an interview Tuesday, Dec. 14, 2021 that he would not investigate or prosecute anyone for having an abortion should the state's currently unenforceable abortion ban go into effect. (Steve Apps /Wisconsin State Journal via AP, File)

MADISON, Wis. (AP) — Wisconsin’s Democratic Attorney General Josh Kaul said in an interview Tuesday that he would not investigate or prosecute anyone for having an abortion should the U.S. Supreme Court overturn Roe v. Wade and a currently unenforceable state ban takes effect.

The comments to The Associated Press are Kaul’s strongest to date about how he would react to the Supreme Court undoing the landmark 1973 ruling that legalized abortion nationwide. A Wisconsin ban enacted in 1849 has been unenforceable under Roe v. Wade, but would take effect again if conservative Supreme Court justices decide to overrule Roe, as they suggested during oral arguments this month in a case over Mississippi’s 15-week ban on abortions. A decision is expected this summer.

Abortion is expected to be a central issue in the 2022 election in Wisconsin and other states . Kaul is up for reelection along with Democratic Gov. Tony Evers. Both are supporters of abortion rights and face Republican opponents who want to make abortion illegal again.

Wisconsin is one of 21 states with laws or constitutional amendments already in place that would make them certain to attempt to ban abortion as quickly as possible, according to an analysis from the Guttmacher Institute, a research group that supports abortion rights.

Wisconsin is one of nine states with an abortion ban law that predates Roe v. Wade, according to the analysis.

Kaul told the AP that it’s not clear what exactly the law in Wisconsin would be if Roe v. Wade is struck down. That would depend on exactly how the Supreme Court rules and resolving legal issues related to enforcing a law that hasn’t been in use for nearly 50 years, he said.

“Even if courts were to interpret that law as being enforceable, as attorney general I would not use the resources of the Wisconsin Department of Justice either to investigate alleged violations of that abortion ban or to prosecute alleged violations of it,” Kaul said.

Even if Kaul would take that approach, most prosecutions for violating any abortion ban would most likely be brought by district attorneys at the county level.

Kaul said the Justice Department is focused on investigating crimes of statewide importance like homicide, sexual assault and arson.

“Diverting resources from those important cases to the kinds of cases that could be brought under abortion ban, which I also believe to be unconstitutional, is not something that I would do as attorney general,” he said.

Kaul said enforcing an abortion ban would undermine public safety.

“And it would result in serious negative health consequences, including potentially the death of women who wanted to seek to exercise what for nearly 50 years been understood to be a constitutionally protected right,” he said.

Two Republicans have launched campaigns to challenge Kaul: Fond do Lac County District Attorney Eric Toney and former state Rep. Adam Jarchow, of Balsam Lake.

Toney said Kaul was a politician, not a law enforcement officer.

“I am proudly pro-life and I will defend the police and defend our Wisconsin laws, including our abortion ban, if allowed,” Toney said.

Jarchow blasted Kaul as “a wholly owned subsidiary of the Washington DC swamp.”

“He is the very definition of partisanship and a failed leader,” Jarchow said. “So, while it’s disappointing that he says he will not follow the law, it’s not surprising.”

JessBS27 on December 15th, 2021 at 02:45 UTC »

While this is nice to read, I will also point out that it still very difficult to get an abortion in Wisconsin.

As of January, 2021:

A patient must receive state-directed counseling that includes information designed to discourage the patient from having an abortion, and then wait 24 hours before the procedure is provided. Counseling must be provided in person and must take place before the waiting period begins, thereby necessitating two trips to the facility.

Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment or severely compromised physical health, or in cases of rape or incest.

Abortion is covered in insurance policies for public employees only in cases of life endangerment or severely compromised physical health, or in cases of rape or incest.

The use of telemedicine to administer medication abortion is prohibited.

The parent of a minor must consent before an abortion is provided; health professionals are allowed to waive parental involvement in limited circumstances.

Public funding is available for abortion only in cases of life endangerment, rape, incest or when the procedure is necessary to prevent long-lasting damage to the patient's physical health.

A patient must undergo an ultrasound before obtaining an abortion; the provider must show and describe the image to the patient.

An abortion may be performed at 20 or more weeks postfertilization (22 weeks after the last menstrual period) only in cases of life endangerment or severely compromised health. This law is based on the assertion, which is inconsistent with scientific evidence and has been rejected by the medical community, that a fetus can feel pain at that point in pregnancy.

The state requires abortion clinics to meet unnecessary and burdensome standards related to their physical plant, equipment and staffing. (There are 6 facilities in the entire state where a person can get an abortion)

source

Despite all of the issues and roadblocks listed above, the protestors were still easily the worst part of the whole experience for me personally. I was already scared and confused after nearly going to the wrong “clinic” (not a clinic, but a “women’s center” just across the street that provides misinformation about abortions and shames many unprepared women into keeping unwanted pregnancies). But being screamed at by old, religious men on my way in to the building is something I’ll never forget.

Kyle_01110011 on December 15th, 2021 at 01:03 UTC »

This is almost like reading...... "We will not burn anyone accused of witchcraft."

What fucking year are we living in for fucks sake

Doctor420Strange69 on December 14th, 2021 at 22:46 UTC »

Wisconsin’s Democratic Attorney General Josh Kaul said in an interview Tuesday that he would not investigate or prosecute anyone for having an abortion should the U.S. Supreme Court overturn Roe v. Wade and a currently unenforceable state ban takes effect.

Good. Abortion bans harm the health of women and cause more damage and death.