Hello, all right, welcome back everybody. All right well good afternoon. I'm attorney general Josh Call, I'm joined here by Michelle Vasquez with Planned Parenthood and as you all are aware the Wisconsin State Supreme Court just heard arguments in Call V or Manski, the case that we filed shortly after Roe v. Wade was overturned. The challenge is the enforceability of a law that originally was enacted in Wisconsin in 1849 that many people contended was a ban, a broadband on abortions in the state. Now we wanted to come here to say a few words and answer any questions that you have following argument today. First following the overturning of Roe as I mentioned Wisconsin families faced substantial uncertainty and women in Wisconsin faced danger to their health and even to their lives. That's why Governor Ebers and I stood up and filed suit shortly after Roe was overturned to clarify that this law that goes back to before the Civil War doesn't apply in cases involving consensual abortions. In December of 2023 a state circuit court judge ruled that the law does not apply in consensual abortion cases and that was a win for freedom, for equality and for women's health. Now the district attorney who appealed that decision, D.A. or Manski joined us actually in seeking review of this case in the state Supreme Court ultimately leading to today's argument. I want to thank the attorneys who have worked so hard on this case for your outstanding work and I want to reassure the people of the state of Wisconsin that at the Department of Justice we are going to continue fighting for your freedom including your freedom to make your own reproductive health care decisions without government interference. So as I mentioned Michelle Vasquez and I are here happy to answer any questions that you have. Well we've felt confident about our arguments throughout this process. I said that when we initially filed the lawsuit and we remain confident we've got strong statutory arguments both based on the black decision that was discussed today at argument as well as our implied repeal argument but you never know what's going to happen with a court decision until you get the ruling so we're going to await the outcome from the court. The state Supreme Court rules that the 19th century Wisconsin law does not actually prohibit consensual abortion. What does that mean for planning parents with separate law suit which is arguing that an abortion ban under that law violates the state constitution? Thanks for that question. So if I'm understanding your question correctly I just want to make sure if the state Supreme Court in call versus or Manski ultimately rules that Wisconsin statute 940-04 does in fact apply to consensual medical abortions the Planned Parenthood Wisconsin case is still alive right 940-04 is the statute being challenged in Planned Parenthood Wisconsin's case and the arguments in that case really go to the constitution of the state constitution. So today's arguments were really more constrained to a statutory construction argument whereas the Planned Parenthood case gets to whether or not an abortion ban under 940-04 or any other similar statute could withstand Wisconsin's constitutional protections. If the state Supreme Court finds that the law in question does not actually prohibit abortion that's done with a pregnant woman's consent, any Planned Parenthood's law seems still alive. I think it will really just depend on the timing of that decision so if the court essentially upholds right the circuit court's decision your question is would this court still review? Would the state Supreme Court still review Planned Parenthood of Wisconsin's law suit and I think really it will just depend on that court's decision and the timing of when that comes out and what they say about its sort of applicability to the pending lawsuit under Planned Parenthood of Wisconsin versus Ermansky which is a case they did accept this term. There's no briefing schedule or argument schedule but I anticipate that will be coming out sometime soonish because we're in the midst of their term. Judge, when I'm throwing the argument it's Justice Crosby made a lot of comments about the damage done to women, children that were raped, cases, incest, et cetera. But do those arguments merit coming into the by repeal and the legal technicalities that are at the heart of this case are those actually relevant when you're talking about the marriage? There are a few things I would say so first of all in any case the factual context in which a case is being argued is relevant because one of the things we think about is how legislatures may have interpreted statutes and what they thought things to mean. What we had in Wisconsin was about a 15 month period when women were denied access to reproductive healthcare in this state because of concern that prosecutions would result. It had a lot of impacts on the lives of Wisconsinites. In some cases where there were planned pregnancies people were terrified about what might happen if there was a complication that they weren't expecting. We also know that people had to have medical care delayed in certain cases because that law was in place. Fortunately we appear to have avoided the worst possible outcomes in Wisconsin but there has been reporting recently on some cases in Texas for example where delayed care led to women losing their lives because of restrictive abortion bans that were in place. So when you look at what the statutes say and the context in which they were passed we know that Wisconsin law that was passed a similar provision was interpreted in black the black decision as not applying to abortions. We've argued that that same logic applies here and that also there was implied repeal and in assessing the intent of the legislature and passing other statutes that context is relevant. Now ultimately this is a question of what the statute means and I think that there are clear statutory grounds regardless of the context here for both finding that the black decision applies here and also that the statute was impliedly repealed but it doesn't mean that those circumstances are irrelevant either. Could you explain a little bit about Justice Hagridone's argument that those new statutes existed just in the context of Roe and J.C. and that's I think that's that. Yeah I mean well first you know I won't re-argue the case here I think that our team did an excellent job with that as did the other attorneys in the argument but look the doctrines that we have in place there's no caveat to what was the U.S. Supreme Court ruling at the time there's a clear doctrine for when there's implied repeal we've argued that this meets it and if you look there's comprehensive regulation of lawful abortion in Wisconsin and there are statutes that set out what can't be done and it's implied therefore what what can lawfully be done in Wisconsin and you can't simultaneously have that with this broad abortion ban that's what the case law says and and there's no again there's no carve out for there was a U.S. Supreme Court decision now the fact that there was a right in place for about 50 years in Wisconsin does speak to whether all of a sudden we're supposed to go back to a draconian ban but that's a a different issue in the case. Does Planned Parenthood and Wisconsin plan to expand abortion services to additional clinics beyond the three clinics that are already offering the procedures? I mean absolutely expansion of abortion access has been something that Planned Parenthood of Wisconsin has been fighting for for a very long time this case helped restore or did restore abortion access in this state post row and it was absolutely crucial to ending that 15 month long time period where people in the state couldn't get the health care that they needed our other our case in Planned Parenthood versus Ermansky seeks to really protect that that right and then depending on how the court might decide that case you know we examine other statutes there's Wisconsin has a very very restrictive statutory scheme that makes it really challenging to provide access across the state things like a telemedicine ban a to visit requirement same physician requirement physician only those are just a few of the regulations that make expansion extraordinarily challenging but it's something that as an organization we're absolutely committed to. Yeah and I'll just add you know we just had a state legislative election and there are now relatively narrow majorities for Republicans in the state legislature you know one topic that I hope to see that the legislature take up is some of these laws that pertain to abortion access in Wisconsin I think it is very clear that Wisconsinites have overwhelmingly support having safe access to abortion in the state it's been true and it's been indicated by election results that we've had by exit polls that we've seen by other polls so you know for those legislators in these districts that are very moderate where those districts could go either way you know I think we ought to ask those folks do they support some common sense changes that will protect access to abortion care in Wisconsin. Just under the field to have oral arguments finally today after a very lengthy legal process almost two years you know going to file this suit to meet along the other hand this is still an issue so we can closely examine at the national level and have a president-elect won't present in the past. Yeah well first of all the legal process is not fast I think we can all agree on that so we knew that the process would take time we tried to make that clear when this case was originally filed and you know our prediction has held up it has taken some time but obviously making sure we get this right is critical nobody wanted to see nobody on our team at least or at Planned Parenthood wanted to see access denied for 15 months but ultimately ensuring that we get sound decisions that protect access for the long term is critical so it's been good to see that in place we've fortunately with the circuit court ruling had access restored in the state and we're going to keep working to make sure it's restored hopefully through the Supreme Court decision and then ultimately this is going to be an issue for the legislature because as we all know court decisions can shift we saw that with Roe followed by Dobbs the the surest way of protecting access is for the new legislature that's going to be coming into session to pass laws that protect access to safe and legal abortion in Wisconsin. Do you think all the leaders of the Senate do anything when Donald Trump won one of the Wisconsin needs to be the one to support a national portion of it or are they afraid of a sleeper question when Trump won? Well if you look at the state results first of all Democrats picked up I believe it's four seats in the state Senate and ten in the assembly you know and it's a very closely divided legislature and I think Wisconsinites are clear about where they stand on these issues and I think to respect the will of the voters you know Donald Trump repeatedly said that this is a state's issue now and so it is up to our state legislators to take action on these issues. I can say generally and I'll let Planned Parenthood should probably weigh in on this too but ultimately that's going to be a determination that the court will make if it weighs in on the constitutionality you know the framework in Wisconsin law that we have in place for protection of bodily autonomy is a different framework than the row framework and you know we've played out our arguments for what that should be and we're happy to get you our briefing on that but I know that Planned Parenthood has thoughts on that as well. Yeah I mean I think that if the court ultimately finds that there's a state constitutional protection to bodily autonomy which of course then includes the rights to choose whether or not to continue a pregnancy certainly for its part Planned Parenthood of Wisconsin would be examining all of the restrictions I mentioned you know as well as potentially restrictions related to gestational age however that's that's not the case before the court right now the case before the court is does Wisconsin's constitution protect the right to bodily autonomy. Those questions I think are first subsequent cases potentially or as Attorney General called just said the state the state legislature I don't think the court needs to reach a question of gestational age in the case before right now because Wisconsin does have a pretty comprehensive and robust statutory scheme related to when abortions can be performed be performed and up till you know what what time and gestation great well that's that's really ultimately a question that it will we'll wait and see you know how things play out to see what the answer might be you know we want to have certainty in the law and consistency in the law there's a doctrine sorry decisis that is meant to uphold that basic approach but I think anybody can look at what has happened with court decisions and see that there were particular results that then were overruled and and wrote to Dobbs is is one of many examples of that so you know I'm always reluctant to predict how any court might rule because courts surprise us sometimes but you know there's there's no question that the court's decisions can change over time as their membership changes whatever happens in this case the issue I don't think is going to be permanently resolved in Wisconsin certainly this will provide important clarity and I think well at least for a time period address at least what current Wisconsin law says but you know there's the last legislative session there was a 14 week ban that was introduced and and that was the more moderate proposal within the Republican caucus so I think that there is going to remain political debate about this issue there there certainly could be legal challenges that being said I don't want to understate the importance of this I mean we again we had 15 months with no access in Wisconsin because of the circuit court's decision we were able to return to basic access that's a huge shift but that doesn't mean that there aren't still other issues at play I think the only thing I would add is just a little bit of reassurance for patients across the state of Wisconsin when when cases like this an abortion generally is in the news it can create some confusion and concern about what is currently legal abortion is legal right now in Wisconsin PPWI resumed care last September following the Dane County circuit courts ruling and then in Sheboygan in December following the final ruling so I just really want to reiterate that Planned Parenthood's doors are open and for for all sexual reproductive health care needs but also for abortion access unless and until this court says otherwise if you call earlier you said you go through state legislature implement some common sense changes to post-row regulations on abortion that are ineffective in Wisconsin what would you consider common sense changes what are some of the important things in law and civil rights in Wisconsin yeah well there there's a whole statutory scheme in place and I think taking a look at that is is important and and frankly learning some of the lessons from developments that have happened both medically as well as in you know with with with the 15 months of of access being denied and learning from them so one thing I certainly would like to see is a change to the underlying statutory structure to make clear that access to safe and legal abortion is protected for a period of pregnancy and then I also think making sure that the laws that are in place are not unnecessarily burdening the ability of women to obtain reproductive health care is key as well you know those are those are discussions that need to happen with input from medical experts and others who have expertise in these areas but this is an area that that we know is impacting the lives of Wisconsinites and I think that you know because of the significance of this issue our legislature owes it to Wisconsin voters to to address it and to to continue working to make progress right now our focus is on restoring the basic access in Wisconsin which again was lost that's going to be a topic where there will be a debate I think over time but fundamentally we want to make sure that that this is a decision that is made by women in consultation with the people who they think they should be consulting with whether it's their their doctor or their their spiritual advisor or priest their spouse whoever it is these decisions should be made by the women who are making them not by the government and the other thing is there are so many different types of circumstances that can arise that may lead us to different outcomes in different cases so those are I think important discussions to have but right now our focus is on addressing the the basic issue and ensuring that access is protected I don't think that we can have simple bright line rules when it comes to these issues I think we've got to make sure that we are not unduly burdening people's ability to access reproductive health care again there are going to be a lot of circumstances that arise fundamentally I think the approach we should have is one that's based on protecting the ability of women to make these reproductive health care decisions without the government interfering with their ability to do so. All right thank you all for being here we appreciate it.