Last week the district attorneys from Dane, Milwaukee, and Sheboygan counties asked a Dane County judge to dismiss the lawsuit that Attorney General Josh Kaul filed after the US Supreme Court overturned Roe v Wade. The AG named these DAs as defendants. The lawsuit alleges that Wisconsin’s pre-Roe law banning most abortions is not enforceable. The district attorneys argue the lawsuit lacks legal merit and seeks to improperly restrict prosecutorial discretion.
This is an interesting turn of events in this case. Of these three district attorneys, only the Sheboygan DA has said he is enforcing the ban; the Dane and Milwaukee DAs have said they will not enforce it. Yet they all agree the current lawsuit should be dismissed. We’ll see what the court says. Meanwhile, our pre-Roe law is in effect and lives are being saved.
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