Wisconsin drops support of Indiana’s abortion law

Wisconsin has withdrawn its support of Indiana’s petition asking the U.S. Supreme Court to uphold the Hoosier law that places more restrictions on a woman’s right to obtain an abortion.

In a letter sent to the court March 15, the Badger State respectfully withdrew its support for the amicus curiae brief filed for Box v. Planned Parenthood, 18-483. Wisconsin had been the counsel of record on the brief that was signed by 17 other states and the governor of Mississippi in support of Indiana.

Indiana’s writ of certiorari, filed Oct. 12, 2018, asking the Supreme Court to uphold the law requires fetal remains be either cremated or buried and prohibits the termination of a pregnancy because of the fetus’ sex, race or genetic abnormality. The law was struck down by the U.S. District Court for the Southern District of Indiana and the 7th Circuit Court of Appeals.

Former Wisconsin Attorney General, Brad Schimel, a Republican, had filed the brief Nov. 15, 2018, according to the letter. However, the newly elected attorney general, Josh Kaul, a Democrat who took office Jan. 7, 2019, reversed course.

The letter filed by Kaul’s office, said the amicus brief “no longer represents the legal position of the State of Wisconsin.”

In a subsequent letter, the state of West Virginia informed the court it has agreed to substitute as counsel of record in support of the amicus brief.

Since the beginning of 2019, Indiana’s petition has been distributed to the justices for conference nine times. The petition has not been relisted since it was last distributed for the March 29 conference.   

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