Kaul files lawsuit to stop enforcement of Wisconsin’s law prohibiting abortion

Madison, WI – Yesterday, Governor Tony Evers (D) and Attorney General Josh Kaul (D), flanked by Planned Parenthood of Wisconsin personnel, filed a lawsuit in Dane County Circuit Court alleging Wisconsin’s law that criminalizes most abortions is not enforceable.

Kaul maintains that laws that Republicans have passed mostly over the last fifty years negate the 1849 law.

Julaine Appling, president of Wisconsin Family Action, responded to this latest development following the US Supreme Court opinion released last Friday that overturns Roe v. Wade and rightly returns the issue of abortion to the states.

“While I’m not at all surprised that a lawsuit has been filed, I am definitely disappointed in Attorney General Josh Kaul. His job is to defend Wisconsin law, not to challenge a duly enacted statute that he and the governor disagree with. This is obvious pandering to Evers’ and Kaul’s political allies. Planned Parenthood of Wisconsin spent a great deal of money in 2018 to help get Evers and Kaul elected. They have both been very solicitous towards them over the last four years. This lawsuit is likely the pinnacle of their doing Planned Parenthood’s bidding.

“Unfortunately, this kind of political pandering and unwillingness of Evers and Kaul to do their job has come with the highest cost: loss of life. From the Kenosha riots in 2020, to the Waukesha parade attack in 2021, to Milwaukee’s murder rate sitting at 5 times the national average, and now the life of the unborn. Not enforcing our laws has real life consequences to Wisconsin citizens’ safety and security – true law enforcement should be the top priority.

“Kaul and Evers have taken an interesting approach in their messaging—blame Republicans for the abortion-banning law not being enforceable. That’s ludicrous. The abortion restrictions and regulations that have been enacted have been only in response to a rogue US Supreme Court in 1973 foisting abortion on demand across the country, trouncing on the right of each state to deal with the matter. None of those laws contradict the 1849 law.  If this law isn’t enforceable, why have the liberals introduced legislation numerous times, including this past session, to repeal it?

“We trust the courts will do the right thing regarding this legal challenge. We will certainly do everything we can to assist the legislature in robustly defending this law. However, this lawsuit maneuver is a powerful reminder that we need a new governor and a new attorney general. We need people in these high-level offices who will do their job which includes doing everything in their power to protect Wisconsin citizens, including unborn babies and their mothers.”


Wisconsin Family Action is a statewide organization engaged in strengthening, preserving, and promoting marriage, family, life, and religious freedom in Wisconsin.

Copy available online here.

Stay Connected With Us