Wisconsin abortion: Planned Parenthood lawsuit argues constitutional right

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Planned Parenthood Wisconsin abortion lawsuit

Planned Parenthood of Wisconsin filed a lawsuit Thursday that seeks to throw out two Wisconsin abortion restrictions.

Planned Parenthood of Wisconsin filed a lawsuit Thursday that seeks to throw out two Wisconsin abortion restrictions.

Planned Parenthood lawsuit

What we know:

The lawsuit asks the Wisconsin courts to rule the Wisconsin Constitution offers a constitutional right to abortion, targeting two laws. One requires that only physicians can perform abortions, the other requires a 24-hour waiting period before someone can get an abortion.

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What they're saying:

"The Wisconsin Constitution begins by declaring that all people are born equally free and independent and possess inherit rights including life, liberty and the pursuit of happiness. Those words belong to all of us," said Tanya Atkinson with Planned Parenthood of Wisconsin. "This case asks our court to recognize what we believe that promise means: that our constitutional freedom includes the ability to make deeply personal decisions about our reproductive healthcare without unnecessary government interference.

"We think it’s ironic to try and invoke the right to life to help an industry that’s built on ending it. And going after these two requirements, arguing that they are not medically necessary, just doesn’t make any sense to us when any experienced medical provider knows what good healthcare looks like," said Sam Craig with Wisconsin Right to Life.

Wisconsin abortion ban, court strikes down 1849 law

The Wisconsin Supreme Court's liberal majority struck down the state’s 1849 abortion ban in a decision released Wednesday.

Wisconsin abortion law

The backstory:

In 2025, the Wisconsin Supreme Court ruled an 1849 state law did not ban abortions. That law prohibited abortions except to save the mother's life. The renewed look at the law started when the U.S. Supreme Court struck down Roe v. Wade in 2022.

The Wisconsin Supreme Court that made that ruling held an ideologically liberal majority. The majority grew to 5-2 after Chris Taylor's election to the bench this past April. 

The Source: FOX6 News referenced the lawsuit and spoke to Atkinson and Craig for this story. Additional details are from prior coverage of Wisconsin abortion law, including contributions from The Associated Press.

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