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Kaul Doesn’t Know If He Would Defend Abortion Ban

Kaul Has Said Ban Is Dangerous, Lawmakers Should Repeal It

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Law books in the Wisconsin Supreme Court courtroom
Michelle Johnson/WPR

Democratic attorney general hopeful Josh Kaul says he would have to study Wisconsin’s abortion ban before deciding whether to defend it in court.

Democrats fear that if conservative Brett Kavanagh is confirmed as a U.S. Supreme Court justice the court could overturn Roe v. Wade, the landmark decision that legalized abortion. The decision invalidated Wisconsin statutes that prohibit anyone except a mother from performing an abortion.

Kaul has said the ban is dangerous and lawmakers should repeal it. That’s unlikely given that Republicans control the Legislature and Democrats face an uphill struggle to regain the majority in November’s elections.

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Kaul stopped short of saying he wouldn’t defend the statutes during a news conference Thursday, saying he would have to conduct a legal analysis to determine if the ban is defensible.