Ron Johnson predicts Wisconsin's near-total ban on abortions wouldn't last long if Roe v. Wade is overturned

U.S. Sen. Ron Johnson said Friday he doesn’t believe Wisconsin’s potential ban on almost all abortions would remain in place for long, distancing himself from his four fellow Republicans running for governor.

Speaking to reporters, Johnson did not detail what abortion limits he would like to see but said he did not think a near-total ban would last for long if the landmark Roe v. Wade decision is overturned.

Johnson suggested Wisconsin officials would set different limits — even though Republicans who control the Legislature have given no indication they would do anything other than keep the ban in place.

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The four Republicans running against Democratic Gov. Tony Evers have said they oppose exceptions for rape or incest.

Johnson, who is running for re-election to a third term in the Senate, made his comments after a draft of a U.S. Supreme Court ruling was leaked that showed a majority is prepared to overturn Roe v. Wade, the 1973 ruling that legalized abortion nationwide. If that happens, an 1849 ban on nearly all abortions would go back into effect in Wisconsin.

“I don’t think that will stand for long,” Johnson said. "I think the democratic process in Wisconsin will have something other than the 1849 law."

On this issue, Johnson’s read of the politics of the state appear to be completely off. Republican lawmakers for decades have made sure to preserve the 1849 ban in hopes that Roe would someday be overturned.

Running against Evers are former Lt. Gov. Rebecca Kleefisch, construction business owner Tim Michels, management consultant Kevin Nicholson and state Rep. Tim Ramthun of Campbellsport. All have strongly opposed abortion and would be unlikely to sign legislation loosening the ban.

The 1849 law allows for the prosecution of those who perform abortions except in cases where two physicians determine the abortion is necessary to save the life of the woman. The ban does not include exceptions for rape or incest.

More: Here are Wisconsin’s abortion laws and how they would be affected by Roe v. Wade decisions

While those who perform abortions could be charged, the woman could not. Those found guilty could be imprisoned for up to six years and fined up to $10,000. If the fetus is beyond about 16 weeks of development, the maximum penalty is more severe — a prison term of 15 years and a fine of $50,000.

The Republicans running for governor did not immediately react to Johnson’s comments. They have all praised the draft opinion that would overturn Roe, with Kleefisch calling it a “blessing” in a Thursday interview with FOX6-TV.

Asked if she wanted an exception for rape or incest, Kleefisch said, “No, because I don’t think it’s the baby’s fault how the baby is conceived.”

More: Here are the 4 Republicans who are seeking to unseat Wisconsin Gov. Tony Evers in the 2022 election

If Evers wins, he would be unlikely to get a chance to sign legislation changing the ban because Republicans are all but certain to maintain control of the Legislature.

A court fight over the ban is likely, which could result in a lifting of the ban.

"Gov. Evers has always been clear that he will do whatever is necessary to protect access to reproductive care for everyone in Wisconsin," Evers campaign spokeswoman Kayla Anderson said in a statement. "Choice is on the ballot in 2022 and it’s critical that we reelect Gov. Evers."

Johnson offered little clarity on what law he would like to see in Wisconsin in the event Roe v. Wade is overturned. He said he believed life begins at conception but added that different states would set different policies. He noted he has supported laws that would limit abortions, including one after 20 weeks and another after 15 weeks.

The bills include Pain-Capable Unborn Child Protection Act and the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act. He also signed onto an amicus brief in the current case before the Supreme Court, urging the high court to upholding Mississippi's law limiting abortions after 15 weeks.

More: Wisconsin Attorney General Josh Kaul says he would not assist with enforcing abortion ban

Johnson said the Roe v. Wade decision "settled nothing," adding, "we just had this issue festering, this profoundly moral issue festering in the body politic of America."

"I'm comfortable that now it's going to be put back into the democratic realm where the American people and the people of Wisconsin decide how we deal with abortion," he said.

Johnson was at the Republican National Committee's Hispanic Community Center in Milwaukee where he helped present God Touch Milwaukee and Hispanic families with food drive donations.

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This article originally appeared on Milwaukee Journal Sentinel: Ron Johnson predicts Wisconsin's abortion ban wouldn't last post-Roe