Abortion ban may return for Wisconsin, as reported SCOTUS draft opinion would end Roe v. Wade

MADISON, Wis. (WMTV) - A new report on a looming Supreme Court decision could mean the end of legalized abortions in Wisconsin.

On Monday, Politico published what it claimed was a draft report of a coming Supreme Court decision that will strike down the landmark Roe v. Wade decision that enshrined the right to an abortion in the United States.

The draft opinion was penned by Justice Samuel Alito with Justices Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett concurring, according to Politico. The report states Alito is highly critical of the Roe decision and the subsequent Planned Parenthood vs. Casey decision. The ruling stems from the challenge to a Mississippi abortion law.

Gov. Tony Evers expressed disdain at this decision, saying that “our work to defend access to reproductive healthcare has never been more important.” Evers stated his promise that he’d fight for reproductive access, and that “I will fight every day as long as I’m governor.”

Our work to defend access to reproductive healthcare has never been more important. Before I became governor, I promised I’d fight to protect access to abortion and reproductive rights. I’ve kept that promise, and I will fight every day as long as I’m governor.
— Governor Tony Evers (@GovEvers) May 3, 2022

In January, just days before the 49th anniversary of the decision in Roe v. Wade, Evers, Attorney General Josh Kaul, Planned Parenthood Advocates of Wisconsin and others gathered to advocate for Senate Bill 72, which would repeal

Former Gov. Scott Walker applauded the draft copy. He said a decision along those lines would move the abortion from the courts to public opinion, adding that the younger generation is “the pro-life generations”

If accurate, our prayers have been answered. That means we must move from the court of law to the court of public opinion as we make the case for the protection of innocent life. Today’s young people are the pro-life generation. This is a true social justice issue.
— Scott Walker (@ScottWalker) May 3, 2022

Madison Mayor Satya Rhodes-Conway used a reference to the Handmaid’s Tale to criticize overturning Roe.

Welcome to Gilead https://t.co/vsgCWp1v5y
— Satya Rhodes-Conway (@src2) May 3, 2022

Sen. Tammy Baldwin indicated a decision like the one released would set the U.S. back a half-century and pushed for the passage of one of her bills. She also said the decision would be another reason to end the filibuster.

“If #SCOTUS is going to legislate from the bench and turn back the clock 50 years on #RoeVWade, then the Senate needs to pass my Women’s Health Protection Act, and if we need to eliminate the filibuster to get it done, we should do that too.”

If #SCOTUS is going to legislate from the bench and turn back the clock 50 years on #RoeVWade, then the Senate needs to pass my Women’s Health Protection Act, and if we need to eliminate the filibuster to get it done, we should do that too. #WHPA
— Sen. Tammy Baldwin (@SenatorBaldwin) May 3, 2022

If this overturn occurs, abortion laws could fall back to the power of the state. In Wisconsin, a law dating back to 1849, which criminalizes doctors who perform abortions, may be enforceable again.

The 173-year-old law in Wisconsin is currently unenforceable because of the Roe and Casey decision.

Right now, Wisconsin has a ban on abortion after 20 weeks gestation.

Wisconsin is one of five states with such laws still on the books that are unenforceable because of the Roe decision. The other four being: Alabama, Arizona, Michigan, and West Virginia.