CV NEWS FEED // Wisconsin Attorney General Josh Kaul has stated he will seek a broader state ruling on “women’s right to choose” if the state’s Supreme Court agrees to hear a highly anticipated case.
According to a local report, Kaul’s promise to seek a broader state ruling on the “constitutionality” of abortion access came in the form of a petition made to the Wisconsin Supreme Court to hear a controversial abortion case last month.
The Attorney General requested in his February 27 petition that the Supreme Court bypass the Court of Appeals to take the case. The Department of Justice (DOJ) has also said it would request that justices resolve broader constitutional questions.
“This is a topic that is going to come up in numerous cases in all likelihood in the years ahead. I believe it makes sense and will provide greater certainty sooner,” said Kaul in an interview, according to the report.
Pro Life advocates from Thomas More Society and the Wisconsin Institute for Law and Liberty filed their own petition in response to Kaul, describing his motion to bypass the Court of Appeals and determine constitutional issues as “procedurally improper, unnecessary,” and lacking in merit:
This Court should reject Attorney General Kaul’s and the Intervenors-Respondents’ attempt to add a claim on appeal that they did not raise when they filed this case, and that was never before the Circuit Court when it decided this case.
The petition refers to a lawsuit filed by Kaul after the Dobbs decision in 2022 which argued that the state’s 19th century laws do not, in fact, prohibit abortion. The case won at the circuit court level after a judge determined the state’s laws pre existing Roe v. Wade did not expressly ban abortions.
The ruling was subsequently appealed by Republican District Attorney Joel Urmanski of Sheboygan County and is currently pending.
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