Wisconsin Supreme Court ‘shocked’ after abortion rights draft order leaks, calls for investigation

The Wisconsin Supreme Court's justices announced their "shock" after a report emerged that they will hear a case on abortion rights.

“Today the entire court was shocked to learn that a confidential draft document was ostensibly leaked to the press,” Chief Justice Annette Ziegler said in a statement. “I have contacted law enforcement to request that a full investigation be conducted. We are all united behind this investigation to identify the source of the apparent leak. The seven of us condemn this breach.”

The leaked draft comes from a lawsuit filed by Planned Parenthood of Wisconsin on February 22, calling on the Supreme Court to declare that abortion is a right protected by the state’s constitution, which states, “All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness.”

Planned Parenthood argues “that the right to equal protection guaranteed by (the Wisconsin Constitution) encompasses the right to make one’s own decisions about reproductive health care, including whether or not to carry a pregnancy to term and a physician’s right to provide appropriate abortion care.”

The draft order obtained by the Wisconsin Watch indicated that the court denied anti-abortion groups — Wisconsin Right to Life, Wisconsin Family Action and Pro-Life Wisconsin — to intervene in the case, but will allow them to file a brief opposing the lawsuit.

This case follows a June 2022 lawsuit filed by Democratic Attorney General Josh Kaul, who sought to block a trigger law banning abortion after Roe v. Wade was overturned.

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Now, the liberal court majority has the opportunity to make a ruling that could further protect abortion access.

The court likely won’t begin to hear oral arguments for the case until the start of the court’s next term in the fall.