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Daily Bread for 11.12.24: Oral Argument at the Wisconsin Supreme Court Over an Abortion Ban

Good morning.

Tuesday in Whitewater will be partly sunny with a high of 49. Sunrise is 6:43, and sunset is 4:34, for 9 hours, 50 minutes of daytime. The moon is a waxing gibbous, with 85.5 percent of its visible disk illuminated.

Whitewater’s Public Works Committee meets at 5 PM, and the Public Art Committee meets at 5:30 PM.

On this day in 1938, Nazi Germany issues the Decree on the Elimination of Jews from Economic Life prohibiting Jews from selling goods and services or working in a trade, totally segregating Jews from the German economy.


Todd Richmond reports Wisconsin Supreme Court grapples with whether state’s 175-year-old abortion ban is valid:

A conservative prosecutor’s attorney struggled Monday to persuade the Wisconsin Supreme Court to reactivate the state’s 175-year-old abortion ban, drawing a tongue-lashing from two of the court’s liberal justices during oral arguments.

Sheboygan County’s Republican district attorney, Joel Urmanski, has asked the high court to overturn a Dane County judge’s ruling last year that invalidated the ban. A ruling isn’t expected for weeks but abortion advocates almost certainly will win the case given that liberal justices control the court. One of them, Janet Protasiewicz, remarked on the campaign trail that she supports abortion rights.

….

The ban stood until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never repealed the ban, however, and conservatives have argued the Supreme Court’s decision to overturn Roe two years ago reactivated it. 

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that prohibits abortion after a fetus reaches the point where it can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Urmanski contends that the ban was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for a lower appellate decision.

See Oral Argument in Josh Kaul v. Joel Urmanski, as DA for Sheboygan County, WI 2023AP002362 at Wiseye (free subscription req’d):

As noted in yesterday’s post there is, however, a constitutional Supremacy Clause that, if relied upon following federal restrictions, would make state action moot.


Why methane emissions matter in the fight against climate change:

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