Planned Parenthood asks to repeal law struck down by Supreme Court

Patrick Marley
Milwaukee Journal Sentinel

Madison -- Democrats and officials with Planned Parenthood called Thursday for repealing an abortion law struck down by the U.S. Supreme Court last week.

A Republican leader said the effort was a publicity stunt because the law has already been invalidated.

The restriction, passed in 2013, would have required doctors who perform abortions to have admitting privileges at a hospital within 30 miles of where they perform the procedure. It was never put in place because of a string of court orders, and the Supreme Court declared it unconstitutional.

The ruling makes the law invalid, but abortion supporters told reporters on a conference call that the state should also formally repeal it so it’s off the books. State laws should ensure people have the full freedoms and liberties they’re guaranteed by the Constitution, said Mel Barnes, a legal and policy associate at Planned Parenthood Advocates of Wisconsin.

Thirty-five Democrats sent a letter to GOP leaders who control the Legislature saying they viewed repealing the law a top priority.

“There is no reason to allow this law to remain part of our state law,” said Rep. LaTonya Johnson (D-Milwaukee).

Dr. Kathy Hartke, the chairwoman of the Wisconsin section of the American Congress of Obstetricians and Gynecologists, criticized other Wisconsin laws that she said have no benefit to women’s health. Those include laws that require waiting periods and ban abortions 20 weeks after fertilization.

Planned Parenthood officials left open the possibility they could sue over those laws, but did not say directly whether they planned to do that.

“We are always exploring all of our legal options to make sure all of our patients have the care that they need,” Barnes said. 

In a statement, Senate Majority Leader Scott Fitzgerald (R-Juneau) made clear Republicans had no interest in repealing the statute.

“This letter is nothing but a publicity stunt by Democrat legislators," Fitzgerald said in his statement. "Wisconsin statutes are revised to reflect court rulings on an ongoing basis, and Chapter 253.095 has already been modified to note a permanent injunction against the enforcement of this section. As such, Wisconsin law adheres to federal standards and a repeal of Act 37 is unnecessary.”