Wisconsin Democrats introduce abortion rights bill that is unlikely to progress in GOP Legislature

Wisconsin Democrats have introduced a bill that would do away with restrictions on abortion in Wisconsin, including repealing a Civil War-era law long interpreted as banning abortion in the state.

The proposal is unlikely to progress in the GOP-held Legislature, but advocates say they’re responding to the preferences of voters.

“This is clearly on voters’ minds. Abortion rights are incredibly popular, and we need to show people that we are united,” said Sen. Kelda Roys, a lead sponsor.

The bill is sponsored by all Democrats in both the state Assembly and Senate, but no Republicans. It would repeal the 19th century law that, until last year, was broadly interpreted as outlawing abortion in Wisconsin. A lawsuit challenging that statute is currently awaiting a final ruling by the Wisconsin Supreme Court.

But the bill introduced Wednesday would do more than repeal that ban. It would end requirements that people pursuing abortions must attend counseling and view an ultrasound of their pregnancy. It would also allow for telehealth and medication abortion to be practiced in Wisconsin, and it would do away with a requirement that doctors who perform abortions must have nearby hospital admitting privileges. Supporters of abortion access argue those restrictions especially affect people living in rural areas with limited access to hospitals.

The bill’s supporters say the legislation ensures abortion is regulated in the same way as other health practices — not more or less.

“Politicians have treated abortion differently than any other medical procedure. They have placed limits on if and how abortion can be provided. They have implemented numerous hoops to jump through to obtain care,” said Rep. Lisa Subeck, D-Madison, a lead sponsor of the bill.

Democrats have repeatedly introduced legislation attempting to protect abortion access since Roe v. Wade was overturned in 2022. Gov. Tony Evers has also called for the restoration of abortion access — which in Wisconsin is capped at 20 weeks — in his budget proposals.

Republicans, who hold majorities in both chambers of the Legislature, largely do not support expanding abortion access. They’ve nixed Evers’ budget proposals, for example, and are all but certain to let the latest Democratic bill languish without a committee hearing.

But GOP lawmakers have proposed some abortion-related bills, including legislation that would carve out exceptions for rape and incest. Democrats called that a ploy to reach voters who largely support some form of abortion access. Republicans said they were listening to those same voters.

Last session, Republicans also advanced a proposal to ask voters whether they wanted to cap abortion at 14 weeks instead of 20. Evers vetoed that bill before it reached the ballot box.

According to public polling, about 6 in 10 Americans believe that abortion should be legal in all or most cases.  That includes a vast majority of Democrats and a little less than half of Republicans.

And polling generally indicates that a majority of Wisconsinites, both Democrats and Republicans, support allowing abortion in at least some instances.