Wisconsin Supreme Court calls for responses to Planned Parenthood petition

MADISON — The state Supreme Court on Tuesday ordered parties named in a Planned Parenthood of Wisconsin lawsuit to file responses by April 26 — signaling the court may consider the organization's petition to recognize a constitutional right to bodily autonomy, including abortion.

The organization argues the rights declared by the state Constitution — "life, liberty and the pursuit of happiness" — inherently include "the right to determine what one does with one’s own body, including whether and when to have a child."

"All people in Wisconsin share that right equally," the petition argues.

Planned Parenthood is also asking the court to recognize a right for physicians to provide abortions, arguing "life and liberty also require the right to pursue one’s lawful profession."

The organization filed the petition in February asking the state's high court to take the case directly, bypassing lower courts, because "these are exigent and urgent circumstances that impact the health and well-being of the people we know and care about across the state," said Planned Parenthood of Wisconsin chief strategy officer Michelle Velasquez.

The case was filed against District Attorneys Joel Urmanski, Ismael Ozanne and John Chisholm — who serve in the three Wisconsin counties (Sheboygan, Dane and Milwaukee) where abortions are provided.

Planned Parenthood's filing came days after Urmanski filed a petition to bypass an appeals court and ask the state Supreme Court to decide whether a December ruling from a Dane County judge declaring an 1849 law outlawing abortion does not apply to consensual procedures.

If the court agrees to take that case, it's likely it will side with the lower court's ruling. The court now has a 4-3 liberal majority after Justice Janet Protasiewicz ran for a seat on the court with a campaign focused on restoring abortion access in Wisconsin.

Attorney General Josh Kaul and Gov. Tony Evers, both Democrats, filed that lawsuit shortly after the U.S. Supreme Court in June 2022 overturned its 1973 Roe v. Wade decision, which legalized abortion nationwide. The court's 2022 ruling in Dobbs v. Jackson Women's Health Care effectively put back into place the state's original abortion law.

Attorneys for Planned Parenthood argue that either before the court considers the case challenging the 1849 law, or at the same time, it should determine whether an abortion ban violates the rights laid out in the state Constitution "of persons who may become pregnant and of the physicians who provide care to them."

"Even if Kaul v. Urmanski could be decided on statutory interpretation, the constitutional issue is likely to recur," the petition argues.

Wisconsin Right to Life legislative director Gracie Skogman called the move "a radical action from Planned Parenthood, that demonstrates their disregard for human life."

"The Wisconsin state Constitution protects the right to life for all, including preborn children," Skogman said.

Chief Justice Annette Ziegler and Justice Rebecca Bradley dissented to the Tuesday order.

Jessie Opoien can be reached at [email protected].

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Supreme Court calls for responses to Planned Parenthood suit