The Planned Parenthood plaintiffs in an abortion rights case pending before the state Supreme Court oppose Milwaukee Archbishop Jerome Listecki's participation in the case, saying he lacks standing in the matter.
The grounds for opposition, in broad terms, are close to those submitted by Milwaukee County District Attorney John Chisholm in his brief opposing Listecki's intervention. Chisholm is a defendant in the civil case because he or his successor could wish to enforce a prohibition.
Both Chisholm and the Planned Parenthood plaintiffs argue that Listecki's arguments do not meet the criteria for intervention and that Sheboygan County District Attorney Joel Urmanski adequately represents Listecki's interests.
The co-plaintiffs in the case including two doctors, Kathy King and Allison Linton; and Maria L., Jennifer S., Leslie K., and Anais L. They are represented by attorneys Diane Welsh, Christa Westerberg, Will Kramer, Samantha Foran, and Elizabeth Pierson of the Pines Bach law firm.
While similar in overall themes, the Chisholm and Planned Parenthood briefs vary in detail.
Listecki, in seeking to intervene, said abortion rights for women would negatively affect his exercise of religion.
Not so, Planned Parenthood responded.
"It appears that Listecki has been practicing his profession and freely exercising his religious rights during these past several decades while abortion has been legally available in Wisconsin. He does not allege that his rights were impaired during that time," the plaintiffs said.
"Listecki cites no authority for the breathtaking assertion that a decision that could, hypothetically, result in the birth of fewer people in the Archdiocese violates his free exercise rights to act as a spiritual leader," the agency said. "Under this logic, any law or ruling that could affect the population growth or decline of the ten Wisconsin counties of the Archdiocese ... would violate Listecki’s right to free exercise."
Even efforts to convert Catholics to other religions could impact his free exercise right, Planned Parenthood said.
In addition, the U.S. Supreme Court, in a recent ruling in a case involving the abortion drug mifipristone, said, “ 'Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue,' ” the agency said. "Similarly, Listecki’s desire to make a medical procedure less available for others does not entitle him to intervene in this action."
Listecki argued that his interests diverged from Urmanski's because Listecki intended to make constitutional claims while Urmanski, who opposes a constitutional right to abortion, said that the state constitution "does not take sides" on the abortion issue.
"But DA Urmanski’s response in opposition to the original action does preview his position that the Wisconsin Constitution does not protect abortion rights," Planned Parenthood said. "DA Urmanski argues that Article I, Section I of the Wisconsin Constitution must be interpreted in lockstep with the Fourteenth Amendment to the U.S. Constitution, and after Dobbs, thus does not protect the right to abortion."
No court has found that zygotes or fetuses are "persons" under the Fourteenth Amendment, Planned Parenthood said.
"Indeed, if the Fourteenth Amendment recognized fetuses as people, the robust “fetal personhood” movement, which includes efforts to amend state and federal constitutions and statutes, would have no purpose," it said.
Listecki simply does not have the right under the law to represent the interests of the unborn, as he seeks to do, Planned Parenthood said.
"Listecki cannot possibly establish a close relationship with every present and potential future fetus in the Archdiocese. ...It is worth noting here the staggering number and range of 'unborn souls' Listecki proposes to represent in this litigation." Planned Parenthood said.
Listecki claims to believe that life begins at conception, the agency said.
"He seeks to represent zygotes and embryos not just before viability, but well before their parents know they exist." it said. "And he claims a “close relationship” to all the unborn within the ten counties of the Archdiocese of Milwaukee, which covers most of southeastern Wisconsin."
Listecki claims to represent fetuses "regardless of the religious beliefs held by the parents of the unborn," Planned Parenthood said.
"Although Listecki may sincerely feel close to all the souls in his archdiocese, the law simply cannot recognize 'close relationships' on such a large scale," it said.
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