News Health Systems

Wisconsin Anti-Choicers Want to Arrest Anyone Who Implements Obamacare, Including Scott Walker

Robin Marty

The Tea Party is ready to make some citizen arrests.

Wisconsin Governor Scott Walker was the Tea Party poster boy. He tried to bust the unions. He tried to put through voter ID. He signed bill after bill posing new restrictions to accessing abortion and health care. He even survived an attempt to vote him out of office.

That’s not good enough for the Wisconsin radical right. Now, they’ve declared that they want to arrest anyone who implements Obamacare—and that includes the governor himself.

Via the Milwaukee Journal Sentinel:

As Gov. Scott Walker contemplates whether to create a state health care exchange under Obamacare, he will have to contend in the coming legislative session with nine lawmakers who have said they back a bill to arrest any federal officials who try to implement the health care law.

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Rep. Chris Kapenga (R-Delafield) is one of the nine from Wisconsin who told the Campaign for Liberty he would back legislation to declare Obamacare illegal and allow police to arrest federal officials who take steps to implement it in Wisconsin. He said he believes the health care law is unconstitutional, despite the U.S. Supreme Court’s ruling that it passes constitutional muster.

“Just because Obama was re-elected does not mean he’s above the constitution,” Kapenga said.

In addition to Kapenga, those listed as supporting the Campaign for Liberty’s positions are Sen. Mary Lazich of New Berlin; Reps. Don Pridemore of Hartford; Erik Severson of Star Prairie; Tom Larson of Colfax; Scott Krug of Wisconsin Rapids; and three Republicans elected for the first time last week who will be sworn in early next year – Rob Hutton of Brookfield, Mark Born of Beaver Dam and Dave Murphy of Greenville.

One of the backers, Sen. Lazich, was the author of the massive and purposefully legally ambiguous anti-choice bill that made practitioners in the state too uncomfortable to continue providing RU-486, effectively eliminating medication abortions in the state. The lesson here must be that state legislatures making health care decisions to deny health care to residents is good, federal powers making legislation to expand health care to citizens is bad.

Luckily, Walker should be safe from arrest, since he’s just a state lawmaker, not a federal one. But one false step and it looks like they could come for him next.

News Abortion

Abortion Providers Could Recoup Millions From Wisconsin After Fighting Unconstitutional Anti-Choice Law

Michelle D. Anderson

The providers seeking money include Planned Parenthood of Wisconsin, Inc., Planned Parenthood Federation of America, and Milwaukee Women's Medical Services, which conducts business as Affiliated Medical Services.

Abortion providers serving Wisconsin residents could recoup nearly $1.8 million in legal fees they amassed while fighting an anti-choice law that was first blocked in 2013. However, spokespeople for the State of Wisconsin have raised the possibility of an undisclosed settlement.

In a U.S. District Court filing dated July 28, the providers requested an award of “attorneys’ fees, costs and expenses” that could be recouped under the Civil Rights Attorneys’ Fee Awards Act of 1976. On Wednesday in response, Wisconsin Attorney General Brad Schimel asked the court to extend the due date for the state to respond from August 18 to September 1. The request was granted, according to court documents.

“The parties are currently discussing settlement of the plaintiffs’ motion. An extension of the briefing schedule would allow the parties the opportunity to explore the possibility of a settlement of this issue,” Schimel said in the court filing.

The providers seeking money include Planned Parenthood of Wisconsin, Inc., Planned Parenthood Federation of America, and Milwaukee Women’s Medical Services, which conducts business as Affiliated Medical Services. The sum requested includes $1.7 million in attorneys’ fees, $44,253 in billable costs and $22,545 in out-of-pocket expenses, according to the court filing.

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The providers amassed the fees fighting Wisconsin Act 37 of 2013, a Republican-initiated law that required doctors to have hospital admitting privileges within 30 miles of the location where an abortion was to be performed.

U.S. District Judge William Conley of the Western District of Wisconsin blocked the law’s enforcement soon after Republican Gov. Scott Walker signed it in 2013.

The state attorney general twice appealed to the Seventh Circuit U.S. Court of Appeals, which affirmed the lower court’s decision both times; the U.S. Supreme Court also declined to take the case a day after overturning a similar provision in Whole Woman’s Health v. Hellerstedt.

In a Court of Appeals opinion issued in November 2015, the court said there was no evidence that “transfer agreements provide inferior protection to the health of women undergoing abortion compared to admitting privileges.” The opinion concluded by saying the unconstitutional statute was burdensome and curtailed citizens’ constitutional right to an abortion.

“The statute may not be irrational, yet may still impose an undue burden—a burden excessive in relation to the aims of the statute and the benefits likely to be conferred by it— and if so it is unconstitutional,” the court said.

If not blocked, the law would have forced pregnant people in various parts of the state to travel at least an extra 200 miles round trip to access legal abortion, according to a previous Rewire report.

Johnny Koremenos, a spokesperson for Schimel, had indicated in statements to the Journal Sentinel and the Wisconsin State Journal earlier this month that the state would fight the charges for legal fees. He said Schimel would challenge the providers’ request “to ensure that the state is not paying more than it should be for those fees,” according to local news reports.

Koremenos did not respond to Rewire’s request for comment.

Walker also supported fighting the fees, his spokesperson told the Journal Sentinel.

Ismael Ozanne, the district attorney for Dane County, was also named as a defendant in the providers’ lawsuit, along with several state medical examining board members.

Planned Parenthood of Wisconsin spokeswoman Iris Riis told Rewire the money Planned Parenthood is seeking in this case is only a recoup of the legal fees already spent fighting the unconstitutional admitting privileges law.

“There would not be any leftover money to allocate to services or any fund. It would just cover what was already spent. Governor Walker’s administration appealed multiple definitive rulings, wasting countless taxpayer dollars in the process. That action also drove up our legal costs,” Riis said.

Riis said the plaintiffs do not know when Conley will issue the ruling that will determine whether Schimel will have to compensate them for legal fees.

Andrew Wiseman, a deputy clerk in the U.S. District Court, Western District of Wisconsin, told Rewire the court could not offer a prediction about the date of Conley’s ruling.

Affiliated Medical Services, which operates a clinic in Milwaukee, is being represented by the American Civil Liberties Union of Wisconsin, while private attorneys are representing Planned Parenthood.

Roundups Law and Policy

Gavel Drop: Admitted Colorado Planned Parenthood Shooter in Court Again

Jessica Mason Pieklo & Imani Gandy

Robert Lewis Dear Jr. faces more than 100 criminal charges related to the November siege of a Colorado Springs Planned Parenthood, which left three dead. Now his attorneys are asking the court to ban Dear from contacting the media.

Welcome to Gavel Drop, our roundup of legal news, headlines, and head-shaking moments in the courts.

Attorneys for the admitted Colorado Springs Planned Parenthood shooter Robert Lewis Dear Jr. have asked the court to order their client to stop talking to the media. Dear, who was arrested after a November rampage left three dead, is awaiting another court-ordered competency hearing to determine if and when he will stand trial for the 179 counts he faces. That hearing is currently scheduled for August 11.

The California criminal justice system is in shambles, and nobody seems to know what to do about it, not even the California Supreme Court.

Scott Lemieux has this really smart piece on how we may be closer than we think to eliminating the death penalty once and for all.

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The State of Texas has launched more than 40 lawsuits against the Obama administration. Here’s how they all stack up in terms of cost and success.

Nope. The birth control benefit lawsuits are never going to end.

Michael Hiltzik of the Los Angeles Times writes that Republican Missouri state Rep. Paul Wieland’s lawsuit challenging the birth control benefit is more about family control than strictly religious beliefs.

Wisconsin is the latest state to see provisions of its voter ID law fall.

Meanwhile, attorneys for the State of Virginia say they will appeal a ruling blocking an order restoring voting rights to thousands of people convicted of felonies.

Attorneys for the State of Kentucky really want to close down a Louisville Planned Parenthood, despite no evidence of wrongdoing at the reproductive health-care center.

In Ohio, the state appellate court ruled that regulations mandating abortion clinics to enter into transfer agreements with hospitals within 30 miles are unconstitutional.

Cornell Law School Professor Sherry F. Colb explains why “Mike Pence’s abortion law” in Indianawhich, among other restrictions, prohibits pregnancy terminations based upon the fetus’ Down syndrome status—is a violation of women’s bodily integrity.

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