Frederica Freyberg:

Planned Parenthood of Wisconsin delivered a bombshell this week, announcing they will resume abortion services after the U.S. Supreme Court upended the constitutional right to an abortion just over a year ago. The announcement comes despite existing state statute, a law passed in 1849 that says any person other than the mother who intentionally destroys the life of an unborn child is guilty of a felony. An existing lawsuit from three physicians challenging the 1849 law is still working its way through circuit court. In July, a motion to dismiss the lawsuit was rejected. In that ruling, Dane County Judge Diane Schlipper wrote there is no such thing as an 1849 abortion ban in Wisconsin. The judge said the 175-year-old law refers to feticide, not consensual abortion. It is under this ruling that Planned Parenthood bases its decision to resume abortion services in Madison and Milwaukee. To better understand this, we turn to Planned Parenthood of Wisconsin President and CEO Tanya Atkinson. And thanks very much for being here.

Tanya Atkinson:

Thank you for having me, Frederica.

Frederica Freyberg:

So why does Planned Parenthood feel confident that they can provide abortions again without even a change in the law?

Tanya Atkinson:

Well, as you pointed out in your introduction, the judge was very clear that the statute that was in question does not apply to voluntary abortions. When Roe was overturned, that was unclear and Planned Parenthood of Wisconsin had to make the agonizing decision to suspend abortion services, and at that time, you know, we made it very clear that we were committed to finding a path forward to providing that essential care again. There were two paths. One is a legislative path that’s not available. The second is a legal path, and with the rulings in the Dane County circuit court, that legal path is now there and we’re maintaining our commitment to resume services.

Frederica Freyberg:

Do you feel as though that’s a path or a window at this point, given that the case continues?

Tanya Atkinson:

Well, we recognize that the case has not concluded. However, twice now, the judge has made it very clear, and also referencing a decision in the ’90s from the state Supreme Court, so it’s been made very clear that the law does not apply to voluntary abortions, so we’ve received the clarification that we need and, you know, we’ll move forward. Of course should anything happen in the future, unexpected, we’ll address it at this time. But as far as we’re concerned, we’re very confident and the law has been clarified.

Frederica Freyberg:

You said that this was not a political decision but a medical one. How so?

Tanya Atkinson:

Well, you know, we’ve received a lot of questions about, you know, the situations that are happening, you know, with the discussions regarding the Supreme Court and the state legislature, you know, and we recognize that that’s something that’s happening in the background. Our commitment was to provide care again as soon as we could and so regardless of whatever those conversations are that are happening, you know, in our legislature, this was absolutely a healthcare decision and not a political decision.

Frederica Freyberg:

What kinds of abortions will be provided?

Tanya Atkinson:

So we’ll resume the care that we were providing prior to Roe falling, so we’ll be providing both in-clinic and medication abortions.

Frederica Freyberg:

And again, if a court moves to block abortions, then you will have to do like you did that day and kind of usher patients who had already arrived out of your clinic?

Tanya Atkinson:

Yeah. Planned Parenthood of Wisconsin always follows the letter of the law, and as you’ve pointed out, when Roe fell, we did have people in our waiting rooms and we very unfortunately had to let them know that we could not provide that care that day and instead try to find them another place where they could receive that care. So should something happen in the future, of course, we will continue to follow the letter of the law.

Frederica Freyberg:

How will you reassure or do you feel that you need to reassure patients that they won’t get in trouble?

Tanya Atkinson:

I think, you know, we will — we haven’t received that question a lot, and certainly we have a lot of education services, both in our health centers and in the community so we’ll continue to lift that up, and it’s not a question that we’ve received since the announcement, and it’s always something that we’re committed to, is ongoing patient education.

Frederica Freyberg:

Yesterday, your clinic started scheduling appointments for Monday. Have you gotten a lot of calls?

Tanya Atkinson:

We have. We have received a lot of calls and we have appointments set up in both Madison and Milwaukee.

Frederica Freyberg:

So when your clinics ceased abortions last year, did you imagine this is how services would resume?

Tanya Atkinson:

We knew that there was — that the legislative path forward was a narrow path, if it was there, so we recognized that the legal path forward was something we really needed to attend to, so I think that, you know, how exactly, you know, the words and the trajectory and, you know, we obviously didn’t know that the attorney general was going to file a lawsuit. We didn’t know what the Dane County circuit court was going to say, so we didn’t have a crystal ball on those specific actions. We did understand that our best course forward was a legal — a legal one.

Frederica Freyberg:

All right. We leave it there. Tonya Atkinson of Planned Parenthood of Wisconsin, thanks very much.

Tanya Atkinson:

Thank you so much.