UPFRONT: Former justice responds to abortion lawsuit

The case is likely going to the state Supreme Court where Republicans hold a four to three majority.
Published: Jul. 3, 2022 at 7:30 PM CDT
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Wis. (WBAY) - A former state Supreme Court justice weighed in on a recent lawsuit that challenges the state’s nineteenth-century abortion law.

Attorney General Josh Kaul filed a lawsuit in Dane County on Tuesday, asking a judge not to enforce Wisconsin’s 1849 abortion ban. Kaul argued it now conflicts with other abortion laws lawmakers have since passed.

The case is likely going to the state Supreme Court where Republicans hold a four to three majority.

“I think it’s an interesting argument and it’s certainly a legitimate argument. You know the law that he is attaching to is a law that was created in the past—in 1985—and it was consistent with Roe v Wade and I think to argue that superseded an act that occurred in eighteen hundreds. It’s a legitimate argument I don’t know if he’s going to win at the end of the day but you know it’s a decent argument. I think most lawyers would make that argument if they believed that there ought to be a right to abortion in Wisconsin,” Former State Supreme Court Justice Janine Geske said. “I would not at all be surprised if it divides up into the four-three that we often see on these kinds of issues and I’d be surprised if it doesn’t.”

The lawsuit lists Republican Assembly Speaker Robin Vos as one of three defendants.

Vos issued a statement responding to the lawsuit:

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