WI Supreme Court wants investigation after leaked draft order in major abortion rights case

Drawing of female reproductive system with judge's gavel | Laura Rosina iStock / Getty Images Plus

The Wisconsin Supreme Court called for an investigation Wednesday into the leaking of a draft order in a major abortion rights lawsuit. According to the draft order obtained by Wisconsin Watch, the Court plans to hear a lawsuit filed by Planned Parenthood of Wisconsin in February that asks the state Supreme Court to declare that the state constitution establishes a right to bodily autonomy, including in the case of abortion. 

The leaked draft also indicates that anti-abortion groups, including Wisconsin Right to Life, Wisconsin Family Action and Pro-Life Wisconsin, will not be allowed to intervene in the case, but may be allowed to file a brief opposing the lawsuit, according to the report. 

Wisconsin Supreme Court Chief Justice Annette Ziegler said in a statement Wednesday afternoon that “the entire court was shocked to learn that a confidential draft document was ostensibly leaked to the press.” She said she contacted law enforcement to request a full investigation.

“We are all united behind this investigation to identify the source of the apparent leak,” Ziegler said. “The seven of us condemn this breach.”

The draft did not include dissenting or concurring opinions, according to the report, meaning it’s unclear which justices voted for or against accepting the case. 

Planned Parenthood of Wisconsin, which filed the lawsuit on behalf of its staff and patients, argues in the case that the “inherent rights” established in the state constitution also encompass “the right to determine what one does with one’s own body, including whether and when to have a child.” The case challenges the 1849 law that in the months immediately following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision was widely interpreted as a nearly complete abortion ban. 

A decision in the case by the state Supreme Court, which has a 4-3 liberal majority, could have major repercussions in Wisconsin. The fate of abortion access so far has relied on court decisions as Republican lawmakers in the state Legislature have introduced proposals that would limit abortion access in the state, putting them at odds with Democratic Gov. Tony Evers, who has repeatedly promised to protect abortion rights. 

A second abortion case is being appealed to the state Supreme Court by Sheboygan District Attorney Joel Urmanski. A Dane County Judge ruled in that case last year that the law doesn’t apply to abortion, but rather applies to feticide. Urmanski says the Supreme Court’s judgment is needed to clarify the issue. 

The draft order did not address the other lawsuit, according to Wisconsin Watch. 

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