On Wednesday, the Chief Justice of the Wisconsin Supreme Court, Annette Ziegler, called for an investigation following the leak of a draft order that revealed the court’s intention to hear a case brought by Planned Parenthood. This case seeks to establish that access to abortion is a right protected by the state constitution.

The investigation was prompted by a report from Wisconsin Watch, which had obtained the draft order. While the order indicated that the court would hear the challenge, it did not constitute a ruling on the case itself, according to ABC. 

In response to the leak, Ziegler expressed her concern and initiated contact with law enforcement to ensure a comprehensive investigation. She emphasized that all seven justices were in agreement about the necessity of the investigation and condemned the breach of confidentiality.

Ziegler, who is part of the conservative minority on the court, noted that the draft order did not disclose which justices supported accepting the abortion case, and there were no dissents indicated in the report. 

The lawsuit from Planned Parenthood, filed in February, challenges a 175-year-old state law that has been interpreted by conservatives as an abortion ban. This is one of two significant abortion-related cases currently before the Wisconsin Supreme Court.

The other case involves an appeal by Democratic Attorney General Josh Kaul, who argues that the 1849 law is outdated and superseded by a 1985 law permitting abortions up until fetal viability. 

A ruling by Dane County Circuit Judge Diane Schlipper last year interpreted the 1849 law as prohibiting only violent acts against pregnant women, leading Planned Parenthood to resume abortion services in Wisconsin. This decision has been appealed by Sheboygan County District Attorney Joel Urmanski, who has requested that the state Supreme Court take up the case directly.

These abortion cases are among the most high-profile issues facing the Wisconsin Supreme Court, which shifted to liberal control in 2023. The court has recently made significant rulings, including rejecting Republican-drawn legislative maps in favor of those proposed by Democratic Governor Tony Evers.