Wisconsin

Hostile

Summary

If Roe is weakened or overturned:

Wisconsin lawmakers may try to prohibit abortion. The current governor is supportive of abortion rights, but state law does not expressly protect abortion. Numerous medically unnecessary restrictions already make it difficult for people to access abortion care in the state.

Primary Content

Restrictions

Wisconsin law generally prohibits abortion at twenty weeks post-fertilization and post-viability.1 The state has not repealed its unconstitutional ban on D&X procedures.2 Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period, biased counseling, and an ultrasound.3 Wisconsin also limits public funding for,4 and private insurance coverage of, abortion.5 Wisconsin law generally requires that a parent, legal guardian, adult family member, foster parent,6 or judge7 consent to a minor’s abortion.

Wisconsin’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities,8 permanently enjoined admitting privileges,9 transfer agreements,10 and reporting.11 Wisconsin law restricts the provision of abortion care to physicians and restricts providers from using telemedicine for the provision of abortion care.12 Providers who violate Wisconsin’s abortion restrictions may face civil and criminal penalties.13

Protections

Wisconsin law does not include express constitutional or statutory protections for abortion, but it does include protections for clinic safety by prohibiting trespassing.14

Laws that could be enforced if Roe v. Wade is limited or overturned

Wisconsin has a pre-Roe ban15 that has been interpreted to apply only to the crime of feticide.16

Conclusion

If Roe v. Wade is limited or overturned, it is likely the legislature will attempt to pass new restrictions, but the current governor is unlikely to sign them.

  • 1. WIS. STAT. § 253.107(3); id. § 940.15.
  • 2. Id. § 940.16; see Hope Clinic v. Ryan, 249 F.3d 603, 606 (7th Cir. 2001).
  • 3. WIS. STAT. § 253.10.
  • 4. Id. § 20.927.
  • 5. Id. § 632.8985.
  • 6. Id. § 48.375.
  • 7. Id. § 48.375.
  • 8. WIS. ADMIN. CODE, MED. § 11.04.
  • 9. WIS. STAT. § 253.095(2); Planned Parenthood of Wisconsin, Inc. v. Schimel, 806 F.3d 908 (Nov. 23, 2015).
  • 10. WIS. ADMIN. CODE, MED. § 11.04
  • 11. WIS. STAT. § 69.186.
  • 12. Id. §§ 940.15(5), 253.105(2)(b), challenged by Planned Parenthood of Wisconsin et al. v. Kaul et al., 3:19-cv00038-wmc, 19-1835.
  • 13. See, e.g., WIS. STAT. § 253.10; WIS. STAT. § 253.107(3).
  • 14. WIS. STAT. § 943.145.
  • 15. Id. § 940.04.
  • 16. State v. Black, 188 Wis. 2d 639, 526 N.W.2d 132 (1994).