The Sconi

The Wisconsin Institute for Law & Liberty (WILL) has responded to Planned Parenthood's case seeking to establish a constitutional right to abortion in Wisconsin. WILL believes that such a ruling would lead the Wisconsin Supreme Court into a situation similar to the one created by Roe v. Wade, urging that the matter should be addressed through the state's legislative process.

WILL Deputy Counsel, Luke Berg, emphasized, “There is no right to an abortion in Wisconsin’s Constitution. No judge, justice, or lawyer should be creating policy for Wisconsinites out of thin air. Reversing Roe v. Wade through the Dobbs decision rightfully placed the abortion issue back where it should have been all along—in the halls of state legislatures. That’s where the debate and conversation must remain.”

If the Wisconsin Supreme Court were to side with Planned Parenthood, questions arise about the implications on existing abortion laws, including prohibitions on abortions after viability and late-term abortions. These issues, although not directly challenged in the current case, would need to be addressed if the court were to constitutionalize abortion.

The contentious nature of Roe v. Wade is highlighted, with observations that the decision polarized the United States Supreme Court and triggered a prolonged political backlash. WILL is advocating for the debate on abortion to be conducted transparently by elected state policymakers, rather than through judicial rulings.

In light of these developments, WILL stands firm in its opposition to the efforts to establish abortion as a constitutional right in Wisconsin, emphasizing the importance of legislative deliberation on such a significant societal issue.