Wisconsin Family Action Responds to Dane County Court Judge Ruling on Wisconsin’s
Pre-Roe Abortion Ban
MADISON – Today, Dane County Judge Diane Schlipper determined that the court case challenging Wisconsin’s pre-Roe law will continue rather than be dismissed.
Last December, Sheboygan County District Attorney Joel Urmanski filed a brief asking the court to dismiss this case that Wisconsin Attorney General Josh Kaul filed last year just days after the US Supreme Court overturned Roe v. Wade in its Dobbs decision.
Wisconsin Family Action president Julaine Appling responded to today’s court decision.
“While we are certainly disappointed that the judge did not dismiss this case, we are hardly surprised. We have all along believed those advocating for abortion at basically any time in a pregnancy wanted this case to go to the state Supreme Court—but not until after August 1, when Justice-elect Janet Protaciewicz is seated on the court, changing the ideological balance from 4-3 conservative to 4-3 liberal. When campaigning, Justice-elect Protaciewicz made it abundantly clear that she is pro-abortion.
“Judge Schlipper used some telling language in her decision, saying that the pre-Roe law, Chapter 940.04, doesn’t apply to abortion, but rather only to the practice of feticide. We completely disagree. The title of the section of the state statutes where 940.04 is located is ‘Abortion” and (1) of 940.04 clearly states “intentionally destroys the life of an unborn child.” Feticide is commonly defined as abortion.
For years abortion advocates in our state have been trying to revoke this statute, arguing that when Roe was in effect, that the statute was superfluous. They also knew it would be enforceable in the event that Roe was eventually overturned, which is what motivated their ongoing efforts. The statute bans the killing of an unborn baby unless the mother’s life is endangered.
“Activist judges at all levels of our judicial system will obviously find creative ways to interpret this law. This too is not surprising. We will now watch as this case moves through that system, and pro-life Wisconsin citizens will be watching and listening closely to see who the truly independent, rule-of-law, originalist jurists are in the courts where this lawsuit is being and will be handled.
“Regardless of any decision by any court, Wisconsin Family Action will continue to be as aggressive as possible in defense of the unborn in Wisconsin as well as caring for mothers who are in crisis pregnancies. Both are worthy of and in need of help and compassion.”
Wisconsin Family Action, Inc. is a statewide organization engaged in strengthening, preserving, and promoting marriage, family, life, and religious freedom in Wisconsin.