The leading Republican in Wisconsin is seeking to include abortion legislation in a future election.
The leading Republican in Wisconsin is proposing a ballot measure to reduce the time frame for legal abortions, but the Democratic governor has stated that he will not approve it.
The current legislation prohibits abortions after the 20th week of a pregnancy. On Wednesday, Republican Assembly Speaker Robin Vos expressed his intention to present a proposal on a future ballot to decrease the limit to a range between the 12th and 15th week.
He informed The Associated Press that this is likely the only solution to resolve the matter. The concept behind it is to allow the people to make the decision.
Yet, on Thursday, Democratic Governor Tony Evers released a statement opposing the plan.
“I will reject any legislation that decreases the accessibility of reproductive health care for residents of Wisconsin compared to its current state,” he stated.
In June 2022, the status of abortion laws in Wisconsin became uncertain following the overturning of the 1973 Roe v. Wade decision by the U.S. Supreme Court. This ruling reinstated a state law from 1849 that was perceived by conservatives as prohibiting abortion, causing abortion providers to cease operations in fear of legal action. However, Planned Parenthood clinics in Madison and Milwaukee were able to resume offering abortions in September after a ruling by Dane County Circuit Judge Diane Schlipper clarified that the 173-year-old abortion ban only forbids the killing of fetuses, not abortions themselves.
Schlipper reaffirmed that decision in a final ruling earlier this month, and a Republican prosecutor appealed the ruling on Wednesday. The case is likely to end up before the Wisconsin Supreme Court, which recently flipped to liberal control.
On Wednesday, Vos asserted that enacting a new abortion legislation would resolve the uncertainty of relying on outdated laws and waiting for judicial interpretation.
Voters in every state with an abortion-related ballot measure since the Supreme Court overturned Roe have favored the side backed by abortion rights supporters. Looking ahead to 2024, abortion could be on the ballot in many more states across the country.
Efforts have been made in Maryland and New York to safeguard access, which have successfully earned spots on the ballot for next year. Similar efforts, including legislative actions and petitioning, are currently taking place in multiple states such as Arizona, Arkansas, Florida, Minnesota, Montana, Nevada, South Dakota, and Virginia to either protect or expand abortion access. Conversely, there are also attempts to limit access in Iowa. In Colorado, there are drives for both types of measures.
Surveys carried out by the Marquette University Law School after the Supreme Court’s decision to overturn Roe v. Wade have revealed that most Wisconsin residents are against the ruling and in favor of legalizing abortion.
In order for a proposed abortion law to be presented to the voters of Wisconsin, it must initially receive approval from the Republican-led Legislature and be signed into law by Governor Evers. Only then can it be included in a statewide election as a legally binding referendum. Wisconsin does not permit voters to submit questions for the ballot, and the Legislature, which is controlled by Republicans, has previously rejected Governor Evers’ proposals to establish a process for voters to overturn the longstanding 1849 abortion ban.
Evers has made multiple promises to reject any laws related to abortion that would be more strict than those already in place under Roe. This ruling only gave states the power to regulate abortion after the fetus is viable, usually around 24-28 weeks.
Evers stated on Thursday that the crucial point for him is that individuals in Wisconsin should have the freedom to make their own choices regarding reproductive healthcare, without being disrupted by politicians who are unaware of their personal experiences, family dynamics, and unique situations.
Julaine Appling, the leader of Wisconsin Family Action, a well-known organization that advocates against abortion, also expressed her disagreement with Vos’ proposal on Thursday. She deemed it unwise and too early to make a decision since the ongoing appeal in the abortion case may yield a more favorable result for conservative beliefs.
Other Wisconsin Republicans have also suggested a ballot question be included to address abortion laws, not just Vos. Senator Ron Johnson has consistently advocated for a referendum to gauge public opinion on when abortion should be prohibited, stating that he believes the majority would not approve of it after the 12th week of pregnancy.
Johnson stated on Wednesday that he maintains his belief in allowing “we the people” to make the important decision regarding abortion, as it is the only way to reach a reasonable consensus that will be accepted by the majority. He also mentioned that a one-time, single-issue referendum would provide the opportunity for education and discussion prior to its occurrence. However, due to ongoing legal proceedings and opposition in the Legislature, it is unlikely that a referendum will take place in 2024.
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Harm Venhuizen is a member of the Associated Press/Report for America Statehouse News Initiative, serving as a corps member. Report for America is a non-profit organization that works to place journalists in local newsrooms in order to cover overlooked topics.