Is abortion legal in Wisconsin? Here's how the overturning of Roe v. Wade affects Wisconsin abortion laws
Is abortion legal in Wisconsin?
It's unclear. Now that the U.S. Supreme Court has overturned Roe v. Wade, opponents of abortion and conservative legal experts say a state law passed in 1849 banning abortions is now in effect.
But nonpartisan attorneys for the state Legislature and supporters of abortion access say potential and expected legal challenges muddy the answer to the question.
Practically, abortions will not be available in Wisconsin given the legal uncertainty and the state ban in statute.
More: Bracing for Roe's fall, Planned Parenthood of Wisconsin's sets June 25 as last day for abortions
What are Wisconsin's abortion laws?
A law passed a year after Wisconsin became a state outlawing abortions except when the procedure will save the life of the mother.
Republican lawmakers in Wisconsin also have passed legislation in recent years under former GOP Gov. Scott Walker that ban abortions after five months of pregnancy and require women to receive an ultrasound before undergoing the procedure.
Since 1996, women seeking abortions also have been required to participate in counseling and wait 24 hours before undergoing the procedure.
Does Wisconsin have an 'abortion trigger' law?
Some states implemented statues known as "trigger laws" that would immediately ban abortion if Roe v. Wade were to be overturned.
Wisconsin does not have a trigger law, but the effect is the same. The state law banning abortions goes back into effect now that Roe v. Wade is overturned, but is expected to be quickly challenged in court.
More: Supreme Court ruling triggers maze of state abortion laws
Can women who live in Wisconsin get abortions out of state?
Yes. Doctors are allowed to provide abortion procedures in Illinois and Minnesota.
Will 'morning after' pills or other forms of birth control be outlawed?
It's unclear. Assembly Speaker Robin Vos has said he does not want to outlaw condoms or birth control but is open to the idea of restricting emergency contraception, sometimes known as "morning after pills."
Early in his political career, Vos backed a bill to ban emergency contraception like Plan B on college campuses and he said he may have to think about the idea anew.
Will Wisconsin lawmakers legalize abortion?
Probably not. Vos said he supports passing legislation that would create new exceptions to the state ban for pregnancies resulting from rape or incest. But he said he doesn't know whether other Republicans would support the proposal.
Republican candidates for governor also oppose rape and incest exceptions and could veto them if Vos got them through the Legislature.
Contact Molly Beck at [email protected]. Follow her on Twitter at @MollyBeck.
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This article originally appeared on Milwaukee Journal Sentinel: Is abortion illegal in Wisconsin? How Roe v. Wade affects laws
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