Here & Now

Maria Lazar, Chris Taylor on Wisconsin's Abortion Ban Ruling

Frederica Freyberg:
Just last year, the Wisconsin Supreme Court overturned the state’s 1849 abortion ban, the 4-3 decision by the liberal majority settled the legal question of which state statute governs abortion. But that doesn’t mean the topic won’t be a big factor in the ad campaign in this spring’s race for a seat on the Supreme Court. That race is between conservative Judge Maria Lazar and liberal Judge Chris Taylor. “Here & Now” senior political reporter Zac Schultz sat down with the candidates and has the story.

Zac Schultz:
In 2022, the United States Supreme Court scrambled the political world with the Dobbs decision overturning Roe versus Wade and returning the issue of abortion to the states. In Wisconsin, that meant an 1849 abortion ban went back into effect.

Josh Kaul:
As we fight to protect and now restore reproductive freedom in Wisconsin.

Zac Schultz:
The Democratic Attorney General, Josh Kaul, filed a lawsuit saying a more recent abortion law passed by Republicans when Roe was still in effect nullified the 1849 ban. The court agreed with the liberal majority deciding the case by one vote. This election will fill the seat of the retiring conservative Justice Rebecca Bradley. So if Judge Taylor or Judge Lazar had been on that case, it wouldn’t have changed the outcome. But we wanted to know if they agreed with the court’s decision.

Chris Taylor:
So I agree with the decision that the 1849 law should not be implemented based on laws that had been passed since then that directly conflict with it. I think that that was the right decision by the majority on the state Supreme Court. Again, it was by one vote. This really contrasts with my opponent. My opponent would have voted to implement an 1849 abortion ban that was passed when I couldn’t vote and many people couldn’t vote. So I think it was really the right decision by our state Supreme Court. And that’s a big point of difference between myself and my opponent.

Maria Lazar:
I’m not going to say how I would rule, but I will say what I will do moving forward, and I have put that in positions. I’ve released a statement. I’ve released an op ed talking about abortion and indicating that this is a really complicated issue for the woman, and her life is so valuable and important. And I’ve indicated that 1) I respect the rule as decided by the state Supreme Court. I will only be one of three members in the maj — in the minority, so I won’t be changing that. And 2) I think women in the state need clarity. They need certainty. And 3) you need to lower the temperature on this issue. This is resolved as far as I’m concerned, for courts, for the judiciary. The legislature can do what they want, and the people in the state of Wisconsin can do what they want. But the judiciary, it’s clear. It’s done.

Zac Schultz:
Reporting from Madison, I’m Zac Schultz for “Here & Now.”