Last Monday, the Wisconsin Supreme Court heard arguments for and against enforcing the state’s pre-Roe law prohibiting most abortions, known as Statute 940.04. The law was nullified by Roe v. Wade but was never revoked by the legislature or voters. After the Dobbs decision returned the abortion issue to the states, the law was immediately put back into place and abortion providers in Wisconsin ceased actively killing the unborn. The law states that it is illegal to provide an abortion and clarifies that actions taken to save the life of a mother in an emergency are exempt from the law.

After Statute 940.04 was “reactivated” by Dobbs, Wisconsin Attorney General Josh Kaul filed a lawsuit in June 2022 arguing that the “long dormant” law should not be used against abortion providers. In 2023, a Dane County judge ruled that the law doesn’t ban abortions, but rather bans feticide (the act of attacking a pregnant woman and ending her pregnancy). We strongly disagree with this interpretation of the law, and thankfully so doesSheboygan County District Attorney Joel Urmanski, who appealed the case following that ruling. The state Supreme Court agreed in early 2024 to bypass a state appeals court and hear the case directly.

“Defendant-Appellant Joel Urmanski has not taken a position during the litigation of this case on what the law on abortion should be. That is an issue for the Legislature and the Governor. This case is not about to what extent abortion should be regulated as a matter of public policy. Urmanski does have an opinion on what the law currently is, however. Urmanski believes § 940.04 prohibits performing abortions from conception until birth,” a brief submitted by Urmanski states.

The Associated Press noted that the two-hour hearing last Monday amounted to little more than “political theater” as two of the Court’s liberal justices peppered Urmanski’s attorney Matt Thome with divisive and somewhat irrelevant questions.

One justice implied the law was invalid because it was written by “white, landowning men” and was inapplicable considering the current pro-abortion climate of the nation. Under this argument, the Court would also have to overturn state statutes that ban slavery, murder, and theft in the Badger State. A poor legal argument, at best.

Had the state Supreme Court allowed Wisconsin Family Action, Wisconsin Right to Life, and Pro-Life Wisconsin the opportunity to intervene in the case, many of these flawed arguments could have been rebuffed through a pro-life worldview. However, it was clear through the Court’s denial of intervention and the liberal majority's antics that they did not want the pro-life position to be adequately represented through a fair hearing.

Even though Statute 940.04 provides exceptions for the life of the mother, Justice Jill Karofsky ironically claimed, “I fear what you are asking this court to do is sign the death warrant of women and children and pregnant people in this state.”

The unfortunate reality is that the Dane County ruling that struck down Statute 940.04 is a “death warrant” for thousands of babies each year who are killed in the womb. This case is one of several that will determine the legality of abortion in our state. Please join us in prayer for those involved in making these crucial decisions that will determine the life or death of thousands of babies in Wisconsin.