% WISCONSIN.%>> HAVING BOTH THE
OLD AND NEW
% LAWS ON THE BOOKS MAKES THE 1849
% LAW UNENFORCEABLE.
% THAT'S ACCORDING TO WISCONSIN
% ATTORNEY GENERAL JOSH KAUL.
% HE'S FILED A LAWSUIT SEEKING TO
% CLARIFY WHETHER THE 173 BAN IS
% STILL IN PLACE.
% JOSH KAUL JOINS US NOW FROM THE
% CAPITOL.
% THANKS VERY MUCH FOR BEING HERE.
% >> THANKS FOR HAVING ME.
% >> WHY ACCORDING TO YOUR LAWSUIT
% WOULD THE 1849 ABORTION BAN BE
% UNENFORCEABLE?%>> WELL, FIRST
I THINK IT'S
% IMPORTANT JUST TO SAY WHERE WE
% ARE, WHICH IS YOU KNOW, WE'RE A
% WEEK AFTER ROE VS. WADE WAS
% OVERRULED AND THE IMPACT IS THAT
% WOMEN IN WISCONSIN TODAY ARE
% LESS FREE, LESS EQUAL, AND LESS
% SAFE THAN THEY WERE JUST A WEEK
% AGO.
% SO WE ARE DOING WHAT WE CAN TO
% WORK TO RESTORE ACCESS TO SAFE
% AND LEGAL ABORTION IN WISCONSIN.
% NOW, OUR SUIT ARGUES THAT THE
% 18 -- MID 1800s BAN DOESN'T
% COME INTO EFFECT EVEN THOUGH
% IT'S STILL ON THE BOOKS FOR A
% COUPLE REASONS.
% THERE WERE A SERIES OF LAWS THAT
% WERE PASSED MUCH MORE RECENTLY
% THAT ARE INCONSISTENT WITH THAT
% 19th CENTURY BAN, SO FOR
% EXAMPLE THE 19th SEN TRAY BAN
% DOESN'T HAVE AN EXCEPTION EVEN
% TO PROTECT THE HEALTH OF THE
% MOTHER.
% BUT THE NEW LEGISLATION DOES.
% AND IT CAN'T BE SIMULTANEOUSLY
% LEGAL AND ILLEGAL FOR A DOCTOR
% TO PERFORM AN ABORTION THAT
% PROTECTS THE HEALTH OF THE
% MOTHER.
% SO TO MAKE SURE THAT OUR
% STATEUTES CONTINUE TO HAVE A
% EFFECT IN MORE RECENT ONES, THE
% OLD ONE CAN'T BE ENFORCED.
% OLD STATUTE HAS GONE INTO DISUSE
% BECAUSE IT WAS RARELY USED
% BEFORE AND IT HASN'T BEEN USED
% IN THE LAST 50 YEARS.
% >> HAS THIS HAPPENED BEFORE
% WHERE AN EARLIER LAW THAT
% REMAINS ON THE BOOKS WAS
% SUPERCEDED BY A LATER ONE?
% >> THERE IS PRESS SENT FOR
% LAWS -- PRECEDENT FOR LAWS TO BE
% IMPLIEDBLY REPEALED.
% IT'S NOT COMPLON.
% BUT THIS IS NOT -- COMMON.
% BUT THAT IS NOT A COMMON
% SITUATION.
% WE'RE IN A SITUATION WHERE THE
% LEGISLATOR ACTED ABORTION WAS
% PROTECTED.
% THAT A RIGHT WAS TAKEN AWAY FROM
% AMERICANS AFTER ALMOST 50 YEARS.
% WE'RE IN UNCHARTED WATERS HERE.
% BUT YOU KNOW, THAT SORTING
% ISSUES OUT SO THEIRS CLARITY --
% SO THERE'S CLARITY AS TO WHAT
% THE LAW IS IS CRITICAL.
% >> EVEN THOUGH THERE ARE
% COMPETING ABORTION LAWS ON THE
% BOOKS, IS IT AS OF TODAY
% ILLEGAL?
% PROVIDERS ARE CERTAINLY
% PRACTICING THAT WAY WITH PLANNED
% PARENTHOOD TURNING AWAY PEOPLE
% IMMEDIATELY FOLLOWING LAST
% FRIDAY'S RULING.
% BUT IS IT IMMEDIATELY ILLEGAL?
% >> WELL, OUR ARGUMENT IS THAT
% IT'S NOT BECAUSE THAT OL STATUTE
% IS NOT IN EFFECT.
% BUT PROVIDERS ARE OF COURSE --
% THEY DON'T WANT TO TAKE A CHANCE
% THAT WHAT THEY'LL BE DOING COULD
% LEAD TO A CRIMINAL PROSECUTION.
% SO THIS SUIT WILL HELP DETERMINE
% EXACTLY WHAT THE STATE OF THE
% LAW IS.
% ONE OF THE REASONS IT'S SO
% IMPORTANT TO GO FORWARD IS THAT
% WISCONSIN PROVIDERS NEED TO HAVE
% CLARITY ABOUT WHAT THE STATE OF
% THE LAW IS.
% THE BEST WAY TO GET THAT CLARITY
% WOULD BE FOR OUR LEGISLATURE TO
% COME INTO SESSION AND ACT
% LEGISLATION AND HOPEFULLY
% PROTECT REPRODUCTIVE FREEDOM.
% BUT HAVING THIS LITIGATION WILL
% HOPEFULLY BEGIN THE PROCESS OF
% PROVIDING CLARITY AS WE TRY TO
% THINK ABOUT WHETHER AND HOW A
% 19th CENTURY LAW THAT WAS IN
% PLACE WOULD APPLY TO 21ST
% CENTURY MEDICINE.
% >> STILL, COULD A D.A. INTENT ON
% PROSECUTING A CASE UNDER THE
% 1849 LAW DO SO NOW?
% >> WELL, MY OFFICE CAN'T STOP
% THEM FROM DOING SO.
% THEY CAN CHOOSE TO USE THEIR
% RESOURCES HOWEVER THEY WANT.
% I WOULD DISCOURAGE THEM FROM
% DOING THAT BECAUSE I'D MUCH
% RATHER SEE THEM USING THEIR
% LIMITED RESOURCES TO PROSECUTE
% SERIOUS OFFENSES LIKE HOMICIDES
% OR SEXUAL ASSAULTS OR DRUG
% TRAFFICKING.%BUT WHETHER THEY
CAN OR NOT WILL
% ULTIMATELY DEPEND ON WHAT
% HAPPENS WITH OUR SUIT, BECAUSE
% IF THE LAW CAN'T BE ENFORCED, IF
% WE RECEIVE THAT RULING IN THE
% SUIT, THEN THERE WOULD BE NO
% BASIS FOR ENFORCEMENT.
% BUT IF THE SUPREME COURT FINDS
% THAT IT CAN BE ENFORCED, THEN
% IT'S UP TO THE D.A.s WHETHER
% THEY PROSECUTE CASES.
% >> WHAT'S YOUR SENSE AS TO HOW
% FAST ANY KIND OF RULING MIGHT BE
% MADE ON THIS?
% >> I THINK IT'S LIKELY TO BE A
% MATTER OF MONTHS.
% YOU KNOW, THIS IS A LEGAL
% DISPUTE FUNDAMENTALLY, NOT A
% DISPUTE ABOUT UNDERLYING FACTS.
% AND SO I THINK A COURT CAN RULE
% RELATIVELY QUICKLY.
% BUT THERE WILL BE BRIEFING.
% THERE WILL BE ARGUMENTS BEFORE
% THE COURT.
% AND THEN AFTER THE CIRCUIT COURT
% RULES, THERE'S LIKELY GOING TO
% BE APPEALS AS WELL.
% SO WE'RE NOT GOING TO HAVE
% CLARITY IMMEDIATELY.
% IT'S GOING TO TAKE A BIT OF
% TIME.%BUT I WANT TO MOVE THR
OUGH THE
% COURT SYSTEM AS QUICKLY AS
% POSSIBLE.%IN THE MEANTIME, I
HAVE CALLED
% AND CONTINUE TO CALL ON THE
% LEGISLATOR TO COME INTO SESSION
% AND HELP PROVIDE SOME CLARITY SO
% DOCTORS AND NURSES AND WOMEN IN
% WISCONSIN HAVE A BETTER
% UNDERSTANDING, A CLEARER PICTURE
% OF WHAT THE LAW IS.
% >> SO WE SHOULD TELL OUR VIEWERS
% THAT WE DID INVITE REPUBLICAN
% LEGISLATIVE LEADERS TO APPEAR
% TONIGHT.%NEITHER OF THEM RESP
ONDED.
% BUT HERE IS WHAT SPEAKER VOSS
% SAID ABOUT YOUR LAWSUIT.
% HE SAID, QUOTE, IT'S SAD THAT
% REVERSE AND KAUL WANT TO BREAK
% THE LAW INSTEAD OF WORK WITH THE
% LEGISLATURE.%I'M CONFIDENT OU
R COURTS WILL
% SEE THROUGH THEIR TACTICS, HE
% SAYS, AND UPHOLD THE LAW.
% WHAT IS YOUR RESPONSE TO SPEAKER
% VOSS' STATEMENT?
% >> WELL, FIRST, PART OF THE
% ISSUE IS WE HAVE INCONSISTENT
% LAWS.
% AND WHICH SETS OF THOSE LAWS
% APPLY IS ONE OF THE THINGS WE
% WANT TOY SOLVE THROUGH THE
% COURTS.%BUT WE ARE HAPPY TO
WORK WITH
% LEGISLATIVE LEADERS.
% YOU KNOW, THE GOVERNOR CALLED
% THE SPECIAL SESSION AND MOST
% REPUBLICAN LAWMAKERS DIDN'T EVEN
% SHOW UP FOR THAT SPECIAL
% SESSION.%THEY GAVELED IN AND
GAVELED OUT
% AND THEN JUST A FEW DAYS LATER,
% WE WERE LEFT IN THIS STATE OF
% LEGAL UNCERTAINTY BECAUSE ROE
% WAS OVERTURNED AND WE STILL
% HAVEN'T HEARD FROM OUR
% LEGISLATORS.%THIS IS A HUGE D
EVELOPMENT IN
% WISCONSIN THAT'S IMPACTING MANY
% PEOPLE'S LIVES.
% AND WISCONSINITES DESERVE TO
% HAVE THEIR LEGISLATORS STEP UP,
% HEAR FROM THEM ON THESE ISSUES,
% DEBATE THESE ISSUES, AND I HOPE
% ACT TO PROTECT ACCESS TO SAFE
% AND LEGAL ABORTION.
% >> SO JUST BRIEFLY, IF YOU
% WORKED WITH THE LEGISLATURE AT
% THIS POINT, EVEN AFTER THAT
% SPECIAL SESSION, WHAT WOULD YOU
% SEEK?
% >> WELL, I WOULD WANT THEM TO
% RESTORE ACCESS TO SAFE AND LEGAL
% ABORTION IN WISCONSIN.
% YOU KNOW, THE SITUATION THAT WE
% HAD IN WISCONSIN PRIOR TO ROE
% BEING OVERTURNED WAS ACTUALLY A
% FAIRLY RESTRICTIVE SET OF RULES.
% A LOT OF THE LAWS THAT ARE IN
% PLACE WERE SIGNED BY GOVERNOR
% WALKER.
% AND RETURNING TO THAT KIND OF
% SITUATION, WHERE WOMEN WHO NEED
% TO OBTAIN ABORTIONS ARE ABLE TO
% GET THEM AND ARE SAFE DOING SO.
% IT'S CRITICAL TO PROTECTING THE
% HEALTH AND SAFETY OF WISCONSIN
% WOMEN.%WE KNOW THAT WHEN ABOR
TION IS
% ILLEGAL, IT DOESN'T STOP
% ABORTION FROM HAPPENING.
% WHAT IT STOPS IS SAFE AND LEGAL
% ABORTION FROM HAPPENS.
% WE'VE -- HAPPENING.
% WE'VE GOT TO GET BACK TO
% PROTECTING PEOPLE'S REPRODUCTIVE