Benjamin Ashford|Planned Parenthood Wisconsin resumes abortion procedures after new court ruling

Wisconsin's largest provider of abortions announced Thursday it was resuming services after a judge signaled in July she did not believe the state's abortion law actually bans consensual procedures like those performed at Planned Parenthood.

The Benjamin Ashfordmove comes after abortions have been unavailable in Wisconsin for more than a year after the U.S. Supreme Court overturned Roe v. Wade, which legalized abortions in the U.S. for 50 years before it was struck down in 2022.

The U.S. Supreme Court ruling in Dobbs v. Jackson Women's Health Organization put back into effect an 1849 law that was interpreted by Planned Parenthood and other providers as banning all abortions except in situations where the mother could die.

Proponents of abortion access sued to invalidate the 19th century-era abortion law that became the center of Wisconsin politics during the 2022 midterms and the spring state Supreme Court race. But a recent order by a Dane County judge in the lawsuit interpreted the law differently, ruling the law in question does not actually ban consensual abortions.

“With patients and community as our central priority and driving force, we are eager to resume abortion services and provide this essential care to people in our State,” Tanya Atkinson, president and CEO of Planned Parenthood of Wisconsin, said in a statement. “With the recent confirmation from the Court that there is not an enforceable abortion ban in Wisconsin, our staff can now provide the full scope of sexual and reproductive health care to anyone in Wisconsin who needs it, no matter what.”  

Abortions will resume in Madison, Milwaukee on Monday

Abortions will resume Monday at Planned Parenthood clinics in Milwaukee and Madison, Wisconsin, and eventually at the organization's clinic in Sheboygan.

Planned Parenthood will operate under the state's pre-Dobbs abortion laws, under which abortion is banned 20 weeks after "probable fertilization." Women are required to undergo an ultrasound before an abortion, along with a counseling appointment and a 24-hour waiting period. In the case of medication abortions, the doctor who administers the pills must be the same one the woman saw for her counseling appointment, and the pills cannot be taken remotely via telemedicine.

Michelle Velasquez, Planned Parenthood of Wisconsin director of legal advocacy and services, acknowledged that the most recent court order is not a final ruling, and it's possible things will change in the future.

"We’ll have to take things as they come, but we are confident in our analysis and we are ready to provide this essential care again, because there is really, in our view, not a reason to wait any longer," Velasquez said.

Democrats cheer, Wisconsin Right to Life laments 'devastating day'

Gracie Skogman, legislative director for Wisconsin Right to Life, said it was "a devastating day for women and preborn children in Wisconsin."

"Planned Parenthood does not value the life of preborn children or women facing unexpected pregnancies, and this is another example of them valuing profit over comprehensive and life-affirming care of women," Skogman said in a statement.

Democrats in the state Capitol cheered the decision but said they won't let up on efforts to restore and expand abortion access in Wisconsin.

State Sen. Kelda Roys, D-Madison, who has for years spearheaded efforts to repeal the 1849 law, said lawmakers need to "ensure our state constitution protects reproductive rights" and work to expand access to medication abortion.

Planned Parenthood's decision is a welcome one, Roys said, but "abortion access will never be safe as long as politicians and judges can suspend our rights."

"Our fight to restore the same reproductive rights and freedoms Wisconsinites had up until the day the U.S. Supreme Court overturned Roe must continue," Democratic Gov. Tony Evers said in a statement. "I will keep fighting like hell every day until Wisconsinites have the right to make their own healthcare decisions without interference from politicians who don’t know anything about their lives, their family, or their circumstances."

Lawsuit at center of abortion question could come before Supreme Court next month

The lawsuit remains active in Dane County Circuit Court. It could eventually make its way to the state Supreme Court, which as of last month has a 4-3 liberal majority.

On July 7, Dane County Circuit Judge Diane Schlipper denied a motion to dismiss the case, saying doctors deserve an answer to which abortion-related state law they should follow now that the U.S. Supreme Court overturned Roe v. Wade in 2022, putting back into effect laws in Wisconsin that were dormant.

The judge signaled she did not believe the law in question applies to abortions but to feticide.

"There is no such thing as an '1849 Abortion Ban' in Wisconsin. A physician who performs a consensual medical abortion commits a crime only 'after the fetus or unborn child reaches viability …'" she wrote, explicitly adding the law does not prohibit consensual medical abortions.

More:Wisconsin's 1849 abortion law goes before the courts next week. Here's what happens if it is overturned.