Supreme Court Agrees to Hear Federal Abortion Ban Case
Court Could Overturn Roe v. Wade, Leaving Wisconsin’s Felony Abortion Ban in Place
Washington, DC – The US Supreme Court agreed yesterday to hear a challenge to the Federal Abortion Ban, which was held unconstitutional by three federal appellate courts. The ban was struck down under a 2000 Supreme Court precedent because it lacked exceptions to protect women’s health, and it could ban abortion as early as the 12th week of pregnancy.
The decision to grant review poses a grave threat to women’s rights, since the case could be used to overturn key protections of Roe v. Wade.
“Today’s action means the core principles of protecting women’s health as guaranteed by Roe v. Wade are in serious jeopardy,” said Kelda Helen Roys, executive director of NARAL Pro-Choice Wisconsin, and an attorney.
“The fears of pro-choice Wisconsinites have quickly become realized. For two decades, Justice Sandra Day O’Connor cast decisive votes to protect a woman’s right to choose, and on Justice Samuel Alito’s first day on the bench, the Court has agreed to reconsider anti-choice challenges that would dismantle Roe’s protections,” said Roys.
At issue in the case is whether women can be prevented from accessing abortion even when their health is in jeopardy. Medical groups, including the American College of Obstetricians and Gynecologists, oppose the Federal Abortion Ban because it would prevent them from intervening on behalf of patients whose health is threatened, and it criminalizes a whole range safe medical procedures.
Wisconsin has a pre-Roe abortion ban on the books that makes it a felony to terminate a pregnancy or assist a woman in doing so.* If Roe were overturned or rolled back, the statute could immediately go back into effect, allowing rape victims and their doctors to be imprisoned for having an abortion.
* Wis. Stat. Ann. § 940.04(1) Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony. § 940.04(3) Any pregnant woman who intentionally destroys the life of her unborn child or who consents to such destruction by another may be fined not more than $200 or imprisoned not more than 6 months or both.
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