This post originally appeared at https://www.prolifewi.org/blog/2022/6/24/demand-governor-evers-and-attorney-general-kaul-enforce-wisconsins-abortion-law-s94004

DEMAND GOVERNOR EVERS AND ATTORNEY GENERAL KAUL ENFORCE WISCONSIN’S ABORTION LAW s.940.04

On Friday, June 24, 2022, the United States Supreme Court delivered a monumental opinion in Dobbs v. Jackson Women’s Health Organization – which overturned the precedent set in Roe v. Wade and Planned Parenthood v. Casey.

Now the issue of abortion has returned to the states, and it is up to our state attorney general, Josh Kaul, and county district attorneys to enforce Wisconsin’s pre-Roe criminal abortion statute 940.04 which states:

(1) Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.

(2) Any person, other than the mother, who does either of the following is guilty of a Class E felony:

(a) Intentionally destroys the life of an unborn quick child; or

(b) Causes the death of the mother by an act done with intent to destroy the life
of an unborn child. It is unnecessary to prove that the fetus was alive when the act so causing the mother’s death was committed.

(5) This section does not apply to a therapeutic abortion which:

(a) Is performed by a physician; and

(b) Is necessary, or is advised by 2 other physicians as necessary, to save the
life of the mother; and
(c) Unless an emergency prevents, is performed in a licensed maternity hospital.

(6) In this section “unborn child” means a human being from the time of conception until it is born alive.

To be sure, Pro-Life Wisconsin opposes the broad and undefined “life of the mother” exception for abortion in s.940.04. The statute defines abortion as “intentionally destroying the life of an unborn child,” which is never medically necessary. When the state legislature reconvenes in 2023, we will work to remove this abortion exception and replace it with language requiring the provision of equal care for both mom and baby and immunity to physicians who follow the requirement.

Until that time, Attorney General Josh Kaul and Wisconsin’s district attorneys MUST immediately enforce s.940.04, as written, and save the lives of thousands of preborn Wisconsinites from abortion.

But Attorney General Josh Kaul has already stated publicly, “Even if courts were to interpret that law as being enforceable, as attorney general I would not use the resources of the Wisconsin Department of Justice either to investigate alleged violations of that abortion ban or to prosecute alleged violations of it.”

Governor Evers called for a special session in both the Assembly and Senate to repeal s.940.04 and ensure the continued killing of thousands of our children by abortion.

Milwaukee County District Attorney John Chisholm stated, “All I can say at this time is that nobody thinks it would be a good idea for police and prosecutors to get between decisions that are made between a woman and her physician.”

Our leaders’ blatant refusal to enforce the rule of law is an abject failure and will sanction the continued death of innocent preborn children in our state.

Since Roe was decided in 1973, over 550,000 babies have been aborted in Wisconsin. It’s time we stop the bloodshed.

Sign the petition below to demand that our elected leaders enforce Wisconsin’s pre-Roe criminal abortion statute 940.04 immediately.

PETITION

To Governor Evers: As a resident of Wisconsin, I demand you retract any public statements supporting county district attorneys who fail to enforce Wisconsin’s abortion law, s.940.04. I further demand you remove any county district attorney that refuses to enforce Wisconsin’s abortion law. I expect you and the administration to publicly encourage enforcement of s.940.04 immediately. Innocent lives depend on it.

To Attorney General Kaul: As a resident of Wisconsin, I demand you retract your public statements in which you promise to neglect enforcement of Wisconsin’s abortion law, s.940.04. It is your duty as our Wisconsin Attorney General to uphold the rule of law. I expect you to enforce s.940.04 immediately. Innocent lives depend on it.

To District Attorney Chisholm and all Wisconsin District Attorneys: As a resident of Wisconsin, I demand you fully and immediately enforce Wisconsin’s abortion law, s.940.04. It is your duty as duly elected county district attorneys to enforce the law without exception. Innocent lives depend on it.

Today, you have a momentous opportunity to SAVE LIVES should you fully enforce Wisconsin’s abortion law, s.940.04.

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