Wisconsin Prosecutor Fights for Unborn Babies, Appeals Ruling Invalidating Abortion Ban
A Republican prosecutor has filed an appeal of a Wisconsin judge’s ruling yesterday that invalidated the state’s abortion ban protecting the lives of unborn children.
As LifeNews reported, Wisconsin judge has just issued a ruling claiming the abortion ban the state adopted in 1849 is not actually an abortion ban and babies can legally be killed in abortions in the Badger State.
Judge Diane Schlipper did not issue a permanent injunction barring enforcement of the abortion ban because the local district attorneys who were named in the lawsuit indicated they would not uphold the law and protect babies from abortions. Democrat AG Josh Kaul originally challenged the state’s law, which has been protecting babies from abortions since the Supreme Court overturned Roe v. Wade in June 2020.
Kaul’s lawsuit names district attorneys in counties where Planned Parenthood operated abortion facilities prior to the Dobbs ruling. Two are Democrats and one is a Republican, but all three said Kaul’s lawsuit “seeks to improperly restrict prosecutorial discretion” and he does not have standing to sue.
Sheboygan County DA Joel Urmanski sought to dismiss the challenge but the judge’s ruling blunts that motion. Urmanski, the lone Republican, argued that Kaul is wrong to claim that the law basically was repealed when the state legislature passed lesser abortion restrictions during Roe.
Now, he is appealing the decision.
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The case appears destined to end up at the state Supreme Court.
Liberal justices currently hold a 4-3 majority on the court, making it unlikely that conservatives would prevail at that level. Urmanski could string out the process beyond the 2025 spring elections, however, in the hopes that liberal Justice Ann Walsh Bradley loses re-election and conservatives regain control of the court.
Planned Parenthood is celebrating and the nation’s largest abortion company says it will resume killing babies in abortions. Planned Parenthood said it will now end the lives of little babies before birth “as soon possible.”
Sheboygan is one of the locations where Planned Parenthood operates an abortion business, so the eventual ruling is important to his efforts to protect babies.
Michelle Velasquez, Planned Parenthood’s chief strategy officer, said, “Today’s ruling is another important step forward in restoring and expanding access to abortion in Wisconsin.”
During the hearing before the judge’s ruling, , attorney Matthew Thome said Kaul does not have grounds to sue because he is not being harmed by the law, according to Courthouse News Service. Thome, who represents three county prosecutors tasked with enforcing the pro-life law, asked the judge to dismiss the case.
Thome said the later laws do not replace the abortion ban. He quoted one law that specifically says the goal is “protect the life of the unborn child to the extent constitutionally permissible.” Thome also accused the pro-abortion attorney general of trying to bypass state lawmakers through the judicial system.
Speaking about the lawsuit late last year, District Attorney Urmanski said the state legislature and governor should be the ones to change the law, not the court, if they don’t believe it represents the will of the people. The Wisconsin Legislature has a pro-life majority; however, Gov. Tony Evers, a pro-abortion Democrat, has vetoed several pro-life bills in recent years.
The 19th century law prohibits the killing of unborn babies in abortions. Exceptions are allowed if the mother’s life is at risk. Prior to the Dobbs ruling, abortions were legal for any reason up to 20 weeks in Wisconsin, and more than 6,400 unborn babies were aborted every year.
If the attorney general succeeds, Wisconsin would go back to allowing unborn babies to be aborted for any reason up to 20 weeks.
Many expect the lawsuit eventually will go to the Wisconsin Supreme Court. In April, pro-abortion candidate Janet Protaziewicz was elected to the high court, flipping a conservative seat and creating a pro-abortion majority. As a result, the abortion ban likely will be blocked in the future.
Currently, Wisconsin is one of 15 states that protect unborn babies from abortion, and more are working to do the same this spring. While Wisconsin may lose its pro-life laws, other states like Arizona, Utah, Iowa, Florida and Wyoming are working to increase protections for unborn babies.
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