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(AP) By Hope Karnopp January 23, 2024 # Kamala Harris wrong that Republican lawmakers played a role in reinstating abortion ban in Wisconsin #### If Your Time is short * The overturning of Roe v. Wade put Wisconsin’s 1849 ban into effect. * Unlike other states that passed \"trigger\" laws, Republican lawmakers did not take action to enact the ban. * Republican lawmakers have since proposed other bills that would create additional abortion restrictions. See the sources for this fact-check This item was updated after it was published to reflect a comment from Vice President Harris\' staff. The rating has not been changed. Vice President Kamala Harris visited Waukesha County on Jan. 22, 2024 — the 51st anniversary of Roe v. Wade, the landmark abortion decision that was overturned by the U.S. Supreme Court in 2022. Harris spoke of \"extremists\" who have since proposed and passed laws that would \"criminalize doctors and punish women\" providing or receiving abortions. She specifically took aim at Republican lawmakers in Wisconsin, who — shortly after Harris made her remarks — held a public hearing in the state Capitol on a new proposal to ban abortions after 14 weeks. But something Harris said about the matter’s history caught our attention: \"In this beautiful state of Wisconsin, after Roe was dismantled, extremists evoked a law from 1849 to stop abortion in this state,\" she said. After the Supreme Court decision, Planned Parenthood and major health systems stopped providing abortion services, citing the reversal to a \"a 173-year-old state law.\" But is Harris right that state lawmakers had a hand in putting that ban back into effect? In short, no. Let’s take a look. Overturning of Roe v. Wade effectively put 1849 ban back in place When the U.S. Supreme Court ruled that Americans no longer have a constitutional right to an abortion, it \"effectively put back into place the state\'s original abortion law,\" the Milwaukee Journal Sentinel reported at the time. > @politifact Vice President Kamala Harris falsely said Republican lawmakers > played a role in reinstating Wisconsin’s 1849 abortion ban. The overturning > of Roe v. Wade restored the 1849 ban. GOP lawmakers have since proposed > other bills to tighten abortion access. #kamalaharris #abortion #wisconsin > #roevwade #factcheck ♬ Lofi hip hop Lofi(885430) - Enokido Attorneys for supporters and opponents of abortion access had long acknowledged that overturning Roe would put back into effect the 1849 ban. Still, there was immediate legal uncertainty and challenges. Rick Esenberg, president and general counsel for the conservative Wisconsin Institute for Law & Liberty, said he believed the 1849 law was in effect because lawmakers never repealed it. #### Featured Fact-check ![](\\" ![](\\" Tim Walz stated on September 14, 2024 in a speech “In Project 2025, you’re going to have to register with a new federal agency when you get pregnant.” ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Samantha Putterman • September 17, 2024 Gov. Tony Evers and Attorney General Josh Kaul, both Democrats, sued over the 1849 ban, arguing it was unenforceable because it conflicts with measures that state lawmakers had passed in subsequent years. A December 2023 ruling in that case said the ban applied to feticide, not abortions, and put back in place laws that allow abortions in Wisconsin up to 20 weeks. The case was appealed and is expected to reach the state Supreme Court. So, there were some questions over whether the law still stood, and whether it was enforceable — and the situation could change again, pending what higher courts could do. But one thing is clear: Contrary to what Harris said, Republican lawmakers didn’t have to lift a finger to put the 1849 provisions back into effect. That happened on its own. In contrast, other states had passed so-called \"trigger\" laws — abortion- banning bills, approved in the past, that would take effect if Roe v. Wade was ever overturned. That included Idaho, Oklahoma, Tennessee and Texas. Wisconsin did not have a \"trigger\" law, though the effect was the same, we previously reported. Republican lawmakers in Wisconsin have, however, proposed more restrictions on abortions since then, including the 14-week ban announced before her visit. PolitiFact Wisconsin didn’t hear back from Harris’ office until after this fact-check had published. However, her office later said that she used the term \"extremists\" to refer to elected officials in general \"who used the fear of the law to stop abortion services until a judge clarified it.\" But later in the speech she used \"extremists\" to directly point to Republicans, saying, \"This afternoon in the Wisconsin Legislature, extremists will hold a hearing\" on a 14-week abortion ban. The new information does not change our ruling. Our ruling In remarks in Big Bend, Wisconsin, Vice President Kamala Harris said that \"after Roe was dismantled, extremists evoked a law from 1849 to stop abortion in this state.\" After the decision, the defunct 1849 ban went back into effect, and has since been the subject of lawsuits. Republican lawmakers in Wisconsin didn’t play a role in reinstating that ban, though they have proposed other measures that would tighten abortion access. We rate her claim False. #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Milwaukee Journal Sentinel, Kamala Harris puts abortion at center of presidential race during suburban Milwaukee rally, Jan. 22, 2024 Milwaukee Journal Sentinel, Wisconsin Republican lawmakers introduce 14-week abortion ban. Evers promises veto., Jan. 19, 2024 Milwaukee Journal Sentinel, Roe decision means an immediate halt to abortion in Wisconsin, setting the stage for the state\'s 1849 ban to take effect, June 24, 2023 Milwaukee Journal Sentinel, Wisconsin\'s 1849 abortion law goes before the courts next week. Here\'s what happens if it is overturned., April 26, 2023 USA Today, Abortion ‘trigger’ bans to take effect in multiple states this week. What do they change?, Aug. 25, 2022 Milwaukee Journal Sentinel, Is abortion legal in Wisconsin? Here\'s how the overturning of Roe v. Wade affects Wisconsin abortion laws, July 13, 2022 ## Browse the Truth-O-Meter ### More by Hope Karnopp ![](\\" ![](\\" Eric Hovde stated on September 3, 2024 in TV interview: \"Typically you have three to four debates in a U.S. Senate race. (Sen. Tammy Baldwin, D-Wis. has) given me one debate, almost a month after early voting has started.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Hope Karnopp • September 17, 2024 ![](\\" new/e5f81dc43ebbfab7c9d9b56cfba2f398.jpg\\") ![](\\" new/9fbc38bd9f4148c4e7374ecdd8d95da4.jpg\\") Tammy Baldwin stated on July 23, 2024 in Public appearance: Eric Hovde “wants to repeal the Affordable Care Act, and kick millions off their health insurance.” ![\\"true\\"](\\" ![\\"true\\"](\\" By Hope Karnopp • August 7, 2024 ![](\\" black/4590875651af69b2c789ceab409664dd.jpg\\") ![](\\" black/72988380e8c8bd188dc360d11552e4a0.jpg\\") X posts stated on July 8, 2024 in X, formerly Twitter: “Deadlines have passed in … Wisconsin” to replace President Joe Biden on the ballot. ![\\"false\\"](\\" ![\\"false\\"](\\" By Hope Karnopp • July 11, 2024 ![](\\" ![](\\" Tony Evers stated on June 11, 2024 in X, formerly Twitter: Wisconsin had a “record-breaking year” for tourism in 2023. ![\\"true\\"](\\" ![\\"true\\"](\\" By Hope Karnopp • June 28, 2024 ![](\\" ![](\\" Donald Trump stated on June 18, 2024 in Public appearance: Says he “saved Kenosha” and the “governor wouldn’t move” on sending the National Guard. ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Hope Karnopp • June 21, 2024 ![](\\" ![](\\" Democratic Legislative Campaign Committee stated on June 5, 2024 in News release: Republican legislatures “have targeted birth control” and in Wisconsin “refused to schedule a vote on a bill that would have codified a right to birth control.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Hope Karnopp • June 14, 2024 ![](\\" ![](\\" Ron Johnson stated on May 19, 2024 in TV interview: Says in his three election campaigns, the early polls were \"wildly incorrect, all three times.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Hope Karnopp • June 5, 2024 ![](\\" ![](\\" Greta Neubauer stated on April 11, 2024 in X, formerly Twitter: “The GOP has failed to invest in our campuses, making WI fall to 42nd in the nation in state support.” ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Hope Karnopp • April 24, 2024 ![](\\" ![](\\" Derrick Van Orden stated on April 1, 2024 in X, formerly Twitter: You can vote in-person absentee at your clerk’s office on Monday before Election Day. ![\\"false\\"](\\" ![\\"false\\"](\\" By Hope Karnopp • April 1, 2024 ![](\\" ![](\\" Donald Trump stated on April 1, 2024 in Radio interview: In 2020, Trump “did much better” in the Wisconsin election than 2016, and “after the wrongdoing was found, people said, ‘Well, he actually did win.’” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Hope Karnopp • April 1, 2024 ![](\\" ![](\\" Sarah Godlewski stated on March 3, 2024 in Public appearance: “When it comes to how many votes (President) Joe Biden won, it was literally less than a few votes per ward.” ![\\"true\\"](\\" ![\\"true\\"](\\" By Hope Karnopp • March 28, 2024 ![](\\" ![](\\" Eric Hovde stated on March 4, 2024 in Campaign video: “Since the end of the 2020 fiscal year, President Biden and Senator Baldwin have added over $7.3 trillion of debt, more than the first 228 years of our nation’s history combined.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Hope Karnopp • March 14, 2024 ![](\\" ![](\\" Voto Latino . stated on February 29, 2024 in Social media ads: \"There are less than two weeks until the deadline to register to vote in Wisconsin.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Hope Karnopp • March 5, 2024 ![](\\" headshot/90a69ca44be8c15dc546b359802ea4a7.jpg\\") ![](\\" headshot/183842b4d1d5131e1188dd41101a7ee0.jpg\\") Bryan Steil stated on February 1, 2024 in X, formerly Twitter: “Bidenomics is costing the typical American household over $11,400 more a year to buy the basics.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Hope Karnopp • February 21, 2024 ![](\\" ![](\\" Scott Walker stated on January 21, 2024 in TV interview: \"(The) top issue for college students is the economy.\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Hope Karnopp • February 2, 2024 ### Kamala Harris wrong that Republican lawmakers played a role in reinstating abortion ban in Wisconsin * ![](\\" ![](\\" Viral image stated on September 30, 2024 in a Threads post: Image shows a photo of former President Donald Trump wading through floodwater after Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 2, 2024 * ![](\\" ![](\\" Donald Trump stated on September 29, 2024 in a rally in Erie, PA: Kamala Harris \"let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Marta Campabadal Graus • October 2, 2024 * ![](\\" ![](\\" Facebook posts stated on September 25, 2024 in a Facebook post: “Georgia coach Kirby Smart\'s family ends relationship with Taylor Swift: ‘We do not support her endorsement.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 1, 2024 * ![](\\" ![](\\" Viral image stated on September 20, 2024 in a Facebook post: “TD Jakes MYSTERIOUSLY VANISHES: The search for the renowned bishop begins!” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 1, 2024 * ![](\\" ![](\\" X posts stated on September 29, 2024 in X posts: A biolab caught fire in Georgia right before the 2024 election. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • October 1, 2024 * ![](\\" ![](\\" Donald Trump stated on September 29, 2024 in a rally in Erie, Pennsylvania: Vice President Kamala Harris “even wants to legalize fentanyl.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • October 1, 2024 * ![](\\" ![](\\" House Majority PAC stated on September 9, 2024 in a television ad: Laurie Buckhout is “trying to get to Congress to pass a national abortion ban, allowing politicians to ban abortions with no exceptions and prosecute women if they get an abortion, treating women right here like criminals.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Paul Specht • October 1, 2024 * ![](\\" ![](\\" Donald Trump Jr. stated on September 9, 2024 in a post: “Less than three months ago, Kamala Harris and her administration blocked 300,000 unvetted Haitian migrants from being deported out of our country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Kwasi Gyamfi Asiedu • September 30, 2024 * ![](\\" ![](\\" X posts stated on September 30, 2024 in an X post: Photo shows President Joe Biden lounging on the beach \"while towns all over America were being wiped out” by Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Samantha Putterman • September 30, 2024 * ![](\\" ![](\\" Social Media stated on September 30, 2024 in in social media posts: “Biden Announces: ‘2.4 billion more to Ukraine’ but ‘no more aid for Hurricane Helene.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 30, 2024 Load more ### Support independent fact-checking. 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After Roe was dismantled extremists evoked a law from 1849 to stop abortion in Wisconsin