Politics
Wisconsin abortion providers challenge waiting-period and physician-only rules in court
Planned Parenthood of Wisconsin has filed a constitutional lawsuit seeking to overturn the state’s 24-hour waiting period and physician-only abortion-care requirement. The case asks Wisconsin courts to recognize reproductive decision-making as protected by the state Constitution, five years after the U.S. Supreme Court eliminated federal abortion protections.
Planned Parenthood of Wisconsin filed a lawsuit Thursday in Dane County Circuit Court challenging two state restrictions on abortion care: Wisconsin’s mandatory 24-hour waiting period and its requirement that abortions be performed only by physicians.
The case, Planned Parenthood of Wisconsin v. Ozanne, names Dane County District Attorney Ismael Ozanne as a defendant representing district attorneys statewide. Members of the Wisconsin Medical Examining Board and Board of Nursing are also defendants.
The organization says the restrictions violate the Wisconsin Constitution’s guarantees of liberty and the pursuit of happiness. The lawsuit is among the first in the state to ask courts to interpret those guarantees as protecting the right to make personal reproductive-health decisions.
“Our freedom to make our own decisions about our lives, our health and our futures” is at the center of the case, Planned Parenthood of Wisconsin President and CEO Tanya Atkinson said during a virtual news conference.
The waiting-period rule generally requires patients to make two separate visits to a health care facility before receiving an abortion. Planned Parenthood officials say the requirement creates added obstacles for people who live far from clinics, have limited transportation or financial resources, need child care, or cannot easily take time away from work.
Dr. Allison Linton, the organization’s chief medical officer and one of the clinician plaintiffs, said abortion is among the safest forms of health care and that serious complications are rare. She said the two-visit requirement is not supported by medical evidence and does not improve patient safety.
The lawsuit also challenges the physician-only rule. Atkinson said trained nurse practitioners and nurse midwives provide abortion care in other states and should be allowed to do so in Wisconsin when they have the appropriate training.
The legal challenge follows a 2025 Wisconsin Supreme Court ruling that concluded the state’s 1849 abortion ban had been effectively repealed by later laws. The court did not decide whether the Wisconsin Constitution independently protects abortion rights, leaving that question open for a future case.
Howard Schweber, an emeritus UW-Madison political science professor, said state courts can recognize rights under their own constitutions that extend beyond protections found in the U.S. Constitution. Federal constitutional abortion protections ended with the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization.
The Wisconsin case was filed about a month after Justice Chris Taylor joined the state Supreme Court. Taylor, a former Planned Parenthood legislative director and abortion-rights advocate, campaigned for the court on abortion access. The lawsuit will begin in circuit court and could eventually reach the Supreme Court.
The filing drew opposition from Pro-Life Wisconsin. Dan Miller, the group’s representative, said in a statement that the Wisconsin Constitution does not establish a right to abortion and pledged to oppose the lawsuit.
The two rules targeted in the lawsuit are part of a broader set of Wisconsin abortion restrictions. State law also bans abortion at 20 weeks after fertilization, requires an ultrasound before an abortion, limits Medicaid coverage except in specified circumstances, and requires parental consent for minors.
Planned Parenthood officials rejected the suggestion that the timing of the filing, two months before the 2026 midterm elections, was primarily political. Atkinson said the organization was challenging restrictions that have allowed political considerations to shape access to medical care for decades.