Kaul Says Abortion Ban Could Be Challenged

Wisconsin’s 1849 abortion ban could be challenged in court, once Roe versus Wade is overturned.

Attorney General Josh Kaul says the Department of Justice could be called into any such litigation, which is likely. He said there are newer state statutes in conflict with the older law.

“There are statutes that talk about exemptions for both, not just the life, but the health of the mother. The 19th-century ban doesn’t have an exception for the protection of health. So there are places where the laws are in conflict and I think that’s going to be something the courts will ultimately resolve.”

Kaul said as long as he is attorney general, the DOJ will not prosecute any cases under the 1849 law.