{"id":2594,"date":"2023-05-04T23:15:02","date_gmt":"2023-05-04T23:15:02","guid":{"rendered":"https:\/\/wifamily.news\/?p=2594"},"modified":"2023-05-04T23:17:04","modified_gmt":"2023-05-04T23:17:04","slug":"ag-josh-kaul-abortion-challenge-will-take-a-while-to-play-out","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=2594","title":{"rendered":"AG Josh Kaul: Abortion Challenge Will \u2018Take a While to Play Out\u2019"},"content":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/attorney-general-abortion-challenge-will-take-a-while-to-play-out\/<\/a><\/p>\n

\"Wisconsin<\/p>\n

Attorney General Josh Kaul argued against a motion to dismiss his challenge to the state\u2019s century-old abortion law on Thursday.<\/p>\n

Kaul is suing the district attorneys in Sheboygan, Dane, and Milwaukee counties \u2013 the only places where abortions in the state used to be performed \u2013 to block the enforcement of Wisconsin\u2019s 1849 law that bans abortions in every case except to save a mother\u2019s life.<\/p>\n

\u201cWe\u2019ve raised a few different legal arguments. Including the Black decision. That the logic of that opinion indicates the 1849 statute is not enforceable in cases involving consensual abortion,\u201d Kaul said after appearing in court. \u201cWe\u2019ve also argued that laws that were passed subsequent to Roe v. Wade fundamentally conflict with the 1849 ban. Both individual laws conflict, and the category of laws that regulate lawful abortion conflict with that statute.\u201d<\/p>\n

In the Black decision<\/strong><\/a>, the Wisconsin Supreme Court wrote that Wisconsin\u2019s law against killing an unborn baby \u201cby its own terms it cannot apply to a mother.\u201d But the opinion also said the use of Wisconsin\u2019s abortion law to doctors who perform abortions \u201cwould be unconstitutional under Roe v. Wade.\u201d<\/p>\n

The U.S. Supreme Court overturned<\/strong><\/a> Roe last year, and Wisconsin immediately reverted back to the 1849 law.<\/p>\n

The district attorneys who are being sued are challenging whether Kaul has the legal standing to sue since he is neither a doctor nor a mother who has been denied an abortion.<\/p>\n

The judge in the case did not issue a ruling on the motion to dismiss.<\/p>\n

Many in Wisconsin expect the 1849 law to eventually end up before the to-be liberal-majority Wisconsin Supreme Court.<\/p>\n

Kaul, on Thursday, said that is likely. But it will also be a long time from now.<\/p>\n

\u201cThe unfortunate reality, and I\u2019ve said this since we filed the case, is that the legal process takes a while to play out,\u201d Kaul said. \u201cWe filed this case almost a year ago now, and there are still going to be several steps in this case as it moves forward.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/attorney-general-abortion-challenge-will-take-a-while-to-play-out\/ Attorney General Josh Kaul argued against a motion to…<\/p>\n","protected":false},"author":17,"featured_media":2596,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-2594","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wi-right-now"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/2594","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2594"}],"version-history":[{"count":2,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/2594\/revisions"}],"predecessor-version":[{"id":2597,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/2594\/revisions\/2597"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/2596"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2594"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2594"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2594"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}