Wis. could have harsh anti-abortion law if Roe v. Wade is overturned

In case you were wondering why we pay so much attention to Supreme Court nominees, South Dakota has answered the question.

Its virtual ban on abortions is designed to end up before the U. S. Supreme Court as a mechanism to give the court a chance to overturn Roe v. Wade.

If that happens sometime down the road, Wisconsin could have one of the country's harshest anti-abortion laws on the books -- making abortion a crime and putting doctors who perform abortions in prison -- without the legislature even taking any action.

The law is already on the books. It has been unconstitutional and unenforceable since the 1973 Roe v. Wade decision.

But the so-called "pro-life" forces who pull the strings in the legislature have successfully resisted any attempts to repeal the law and take it off the books. To win the endorsement of Wisconsin Right-to-Life, a candidate must agree to oppose repeal of the 157-year-old ban.

Today, State Rep. Terese Berceau, D-Madison, and other abortion rights lawmakers will unveil legislation to repeal that law. It's a gesture, but doomed to failure with the current makeup of the legislature. Republicans will make sure it doesn't even get a vote, because they don't want to have to defend their votes on the law, which is perhaps the most extreme in the nation.

It is stricter than the new South Dakota law. Wisconsin's law contains greater penalties for doctors who perform abortions -- up to 15 years in prison and a $50,000 fine . It also provides prison sentences for women who obtain abortions, even if they are rape victims or need an abortion to preserve their health, although those penalties cannot be enforced because of a subsequent law.

It's complicated, but the bottom line is that if Roe v. Wade is overturned, the draconian Wisconsin law will go back into effect. No need for the legislature to vote or the governor to sign a bill. It will be the law.

Here is the explanation from the Wisconsin Right to Life candidate questionnaire for candidates for state office.

The question and explanation:

1. Section 940.04 of the Wisconsin statutes prohibits abortion unless it is necessary to save the life of the mother. Will you vote against legislation to repeal s. 940.04?

Will you vote against legislation which would add any other exception to s 940.04?

"Section 904.04 is currently unenforceable because the 1973 Roe v. Wade decision struck down the criminal abortion statutes across the nation. Consequently, abortion is legal in Wisconsin for any reason throughout pregnancy as many times as a woman wants one. If the U.S. Supreme Court reverses Roe v. Wade, or severely limits its impact, there is judicial precedence which would reestablish the enforceability of s. 940.04, which means that it is highly likely that a court would rule that abortion would once again be illegal in Wisconsin. Thus, it is important to keep s. 940.04 on the books to protect unborn children.

"Abortion advocates have attempted to repeal s. 940.04 but have been unsuccessful. If s. 940.04 is repealed, then abortion would continue to be legal in Wisconsin even if Roe v. Wade is reversed, unless or until a new ban on abortion would be enacted by the legislature.

"Although 2. 940.04 contains criminal penalties for women who obtain abortions, the enactment of s. 940.13 in 1985 nullifies the impact of those penalties, meaning that women CANNOT be penalized or jailed for obtaining an abortion or otherwise violating s. 940.04.

"Wisconsin Right to Life opposes the repeal of s. 940.04 and opposes the addition of any other exception to s. 940.04."

In order to receive the endorsement of Wisconsin Right to Life, a candidate must answer "yes' to the question above and agree to oppose repeal of s. 940.04.

All of this is certain to make abortion rights a key issue in this fall's legislative races.

For pro-choice forces, it is an opportunity to highlight the extreme positions of some pro-life candidates.

Pro-Life Wisconsin, the more extreme group, demands a commitment to no exceptions for rape, incest, or protecting the life or health of a woman. A 14-year old who is raped by a relative and becomes pregnant would be forced to have the child, if Pro Life Wisconsin prevailed.

Any candidate endorsed by that group is fair game to be exposed as an extremist. Those views are far out of the Wisconsin mainstream, but pro-choice candidates are often afraid or hesitant to raise the issue. That must not be the case this fall. There is far too much at stake to remain silent. The people of Wisconsin do not support those extreme measures.

A roundup at Governing magazine lists Wisconsin among the states likely to ban abortion if Roe is overturned. The analysis says 23 states would be likely to ban most abortions, 20 states would keep abortion legal (at least in the first trimester) and 7 states would be battlegrounds.

Illinois and Iowa are listed as states where abortions probably would still be legal, so Wisconsin women wouldn't have to travel too far for a legal abortion. Is that what we want?

UPDATE: Recalling when abortion was a crime.