Wisconsin Supreme Court seeks investigation into leaked document in abortion case

Wisconsin's Supreme Court Chief Justice Annette Ziegler comments as the State Supreme Court hears arguments in a case challenging Wisconsin's electoral maps at the Wisconsin State Capitol in Madison on Tuesday, Nov. 21, 2023. - Mike De Sisti / Milwaukee Journal Sentinel
Wisconsin's Supreme Court Chief Justice Annette Ziegler comments as the State Supreme Court hears arguments in a case challenging Wisconsin's electoral maps at the Wisconsin State Capitol in Madison on Tuesday, Nov. 21, 2023. - Mike De Sisti / Milwaukee Journal Sentinel

MADISON – State Supreme Court Chief Justice Annette Kingsland Ziegler on Wednesday asked law enforcement to investigate a leaked draft order related to an abortion access case.

Planned Parenthood of Wisconsin filed a petition with the state's high court in February seeking recognition of a constitutional right to abortion. On Wednesday, Wisconsin Watch reported, based on a draft order it obtained, that the court plans to hear the case.

According to Wisconsin Watch's report on the draft, the court also plans to deny an effort from a group of anti-abortion groups to intervene in the case.

"Today the entire court was shocked to learn that a confidential draft document was ostensibly leaked to the press.  I have contacted law enforcement to request that a full investigation be conducted," Ziegler said in a statement. "We are all united behind this investigation to identify the source of the apparent leak. The seven of us condemn this breach."

In response to Ziegler's statement, Wisconsin Watch CEO George Stanley noted that the accuracy of the report was not in dispute.

"No one is saying there is anything inaccurate or untrue about the report. They're surprised it was released to the public," said Stanley, retired editor of the Journal Sentinel. "That's our job — to let the public know what their government is up to."

Planned Parenthood of Wisconsin asked the state Supreme Court to take the case directly, bypassing lower courts, because "these are exigent and urgent circumstances that impact the health and well-being of the people we know and care about across the state," the group's chief strategy officer Michelle Velasquez told reporters in February.

The Planned Parenthood filing came days after Sheboygan County District Attorney Joel Urmanski filed a petition to bypass an appeals court and ask the state Supreme Court to decide whether a December ruling from a Dane County judge declaring an 1849 law outlawing abortion does not apply to consensual procedures.

Attorneys for Planned Parenthood argued that either before the court considers the case challenging the 1849 law, or at the same time, it should determine whether an abortion ban violates the rights laid out in the state Constitution "of persons who may become pregnant and of the physicians who provide care to them."

According to the Wisconsin Watch report, the draft order did not address the court's plans for the case challenging the 1849 law.

The court now has a 4-3 liberal majority after Justice Janet Protasiewicz ran for a seat with a campaign focused on restoring abortion access in Wisconsin.

Jessie Opoien can be reached at [email protected].

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Supreme Court seeks probe into leaked case document