Planned Parenthood Advocates of Wisconsin expressed its concern over the criminalization of abortion in Wisconsin and criticized attorney general candidate J.B. Van Hollen's potential support for the statute in Wisconsin's constitution Wednesday.
At a forum before the Dane County Public Affairs Council, Van Hollen said that as attorney general he would enforce the law if Roe v. Wade were overturned. Van Hollen could not be reached for comment.
Wisconsin Statute 940.04 has been on the books since 1849 and includes punishments for both doctors and women involved in abortions.
According to Planned Parenthood Advocates of Wisconsin, the law allows no exceptions for rape, incest or preservation of the mother's health. Revisions in the 1980s have created controversy as to just how the law would be enforced if Roe v. Wade were overturned.
Wisconsin Right to Life defended Van Hollen's decision.
""The attorney general has a very narrow role in all this, and if the abortion law were challenged, it would be his job to defend the law and we think he would do so fairly. We don't think Kathleen Falk would, given her radical pro-abortion viewpoint,"" said Susan Armacost, legislative director of Wisconsin Right to Life.
But Planned Parenthood Advocates of Wisconsin said they worry the attorney general may have more influence than just enforcement.
""Absolutely the attorney general's office sets the tone for what district attorneys around the state will be doing and that's why we think it's so important that we do not have an anti-choice extremist who believes, regardless of what the law says, that women should go to jail if they terminate their pregnancies,"" said Nicole Safar, public policy analyst for the organization.
She stressed they're just as concerned with the candidate as they are with the law. ""Our main objection is that this is his belief. So whether or not he is enforcing our existing law is not necessarily the issue,"" Safar said.
The Wisconsin statute would only take effect if Roe v. Wade were overturned, which many critics think unlikely.
""Right now it doesn't look like Roe v. Wade will be overturned,"" said UW-Madison political science professor Donald Downs.
He also said he believes it is to the Republican's advantage to keep the decision in place.
He also mentioned that overturning it would change the face of U.S. politics, giving Democrats an increased base while diminishing the political drive of many social conservatives.
