Wisconsin | Courts
Why It Matters
The lawsuit challenges the scope of state authority over reproductive healthcare, arguing that current regulations violate constitutional guarantees of liberty and bodily autonomy.
What Happened
Planned Parenthood of Wisconsin filed a constitutional challenge in Dane County Circuit Court on Thursday. The suit targets specific state abortion restrictions, including a mandate that only physicians may perform the procedure and a requirement for a 24-hour waiting period between an initial consultation and the appointment.
The organization is suing Dane County District Attorney Ismael Ozanne, the state Medical Examining Board, and the Board of Nursing. Plaintiffs argue that advanced practice nurse practitioners, physician assistants, and certified nurse midwives are capable of safely providing abortion care, yet state law currently limits the procedure to licensed doctors.
Under Wisconsin statutes, it is a Class I felony for anyone other than a physician to perform an abortion. The 24-hour waiting period was established in 1996 under legislation signed by former Gov. Tommy Thompson.
Tanya Atkinson, representing the plaintiffs, framed the legal argument around personal freedom. “In this case, we ask our Court to recognize what we believe that promise means – that our constitutional freedom includes the ability to make deeply personal decisions about our reproductive healthcare without unnecessary government interference,” Atkinson told the Wisconsin Examiner.
By the Numbers
24 hours — Required wait time between consultation and abortion appointment
1849 — Year of the previous abortion ban law challenged by Planned Parenthood
1996 — Year the 24-hour waiting period was implemented
Class I — Felony classification for non-physicians performing abortions
Three — Number of Planned Parenthood clinics in Wisconsin providing abortion services
Zoom Out
This legal action follows a turbulent period for abortion access in the state. Planned Parenthood previously halted services after an 1849 law was interpreted as a near-total ban, though the state Supreme Court later declared that interpretation invalid in a separate case.
The organization also paused operations following federal changes enacted under President Donald Trump’s “One Big Beautiful Bill” legislation but has since resumed care. The current lawsuit mirrors broader national debates over whether state constitutions provide independent protections for reproductive rights beyond federal precedents.
“Many other states have state-recognized constitutional rights,” said Michelle Velasquez, highlighting the comparative legal landscape.
What’s Next
The case will now proceed through the Dane County Circuit Court system. A ruling could determine whether Wisconsin’s physician-only mandate and waiting period requirements withstand constitutional scrutiny.