Wisc GOP lawmakers to fast track abortion ban after 20 weeks
By Andrew Hahn and Mary Spicuzza of the Journal Sentinel
Updated May 25, 2015
Madison— State Republicans are looking to fast-track a bill that would ban abortions after 20 weeks, potentially bringing the proposal to a vote before the Legislature begins debate on the state budget in June.
State Senate President Mary Lazich (R-New Berlin) told the WisconsinEye Public Affairs Network last week that she hopes to see a vote on the proposal, which has more than 30 co-sponsors, as soon as possible.
"As soon as we can do the logistics of sorting out committee meetings and getting those things done, we will be proceeding," Lazich said.
As Senate president, Lazich assigns bills to committees and sits on the panel that decides which bills will come to a floor vote. Lazich is a lead sponsor of the bill.
Republican Gov. Scott Walker, who is preparing a likely run for the presidency, said in March he would sign the measure if it came to his desk.
The bill includes penalties of up to $10,000 and 31/2 years in jail for anyone who is convicted of performing an abortion after 20 weeks, when Lazich said research shows a fetus begins to feel pain. Opponents of the bill dispute that, saying the scientific community does not believe fetuses can feel pain at that stage of development.
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Similar laws in Georgia, Arizona and Idaho have been blocked by courts. Lazich said she wasn't sure how her bill would fare in a courtroom because it would depend on the judge who would rule on the issue.
In March, a federal judge struck down a 2013 Wisconsin law requiring doctors to get hospital admitting privileges to be allowed to perform abortions on the grounds that it unfairly hindered access to the procedure. Lazich was instrumental in getting that law passed.
The state is appealing that decision in hopes of reinstating the admitting privileges law.
No rape, incest exemption
The bill banning abortions at 20 weeks does not include exemptions for victims of rape or incest, or for fatal fetal anomalies. Under the bill, any woman who receives an abortion may sue the doctor who performs it, and so may the father except in cases of rape or incest.
The bill includes a medical emergency exception for instances in which the life of the mother is in immediate danger.
Kremer said if it becomes clear the fetus would be born with a life-threatening medical problem, the state would provide information about "perinatal hospice" care for the child and mother through the birth and eventual death of the child.
Fetal pain
Lazich and Kremer did not cite specific studies but said the latest medical research shows fetuses are capable of feeling pain at 20 weeks after conception.
A 2005 study in the Journal of American Medical Association found fetuses were unlikely to have that ability before the third trimester, but a 2007 paper published in the journal of Behavioral and Brain Sciences theorized that children born without a cerebral cortex could nonetheless feel pain, leading some to conclude that fetuses at 20 weeks could, as well.
The author of that 2007 paper told The New York Times two years ago his findings had little to do with fetal pain and said he had not been aware his work was cited by anyone on the question of abortion policy. http://www.nytimes.com/2013/09/17/health/complex-science-at-issue-in-politics-of-fetal-pain.html?_r=0%E2%80%8B
Nicole Safar, a spokeswoman for Planned Parenthood Advocates of Wisconsin, said ... abortions after 20 weeks are rare and the legislation would likely affect fewer than 100 women a year. But she added that the ban would take away choices for women facing difficult situations, ...
Doug Laube, a University of Wisconsin-Madison physician and past president of the American College of Obstetricians and Gynecologists, said the women involved in these situations want to be pregnant but find out midway through their pregnancies that there are serious problems.
"This bill eliminates the family's control in an unimaginable situation," Laube said. "These families deserve better."
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