Judges Richard Posner and David Hamilton note these facts in a hearing yesterday at the Court of Appeals for the Seventh Circuit in Chicago, (hear the audio), and are dismissive of Walker, Attorney General Brad Schimel (R) (who sat in the audience) and the Republican Party of Wisconsin's pretensions to the contrary.
The case is (15-1736) Planned Parenthood of Wisconsin v. Brad D. Schimel, heard October 1, 2015.
Wisconsin Act 37 (2013) is designed to stop abortions, a law in the words of Judge Posner that represents a "clear flaunting of Roe v. Wade."
Roe, (upheld in Planned Parenthood of Se. Penn. v. Casey (1992)), is a landmark case acknowledging the personal, "fundamental" right to liberty and privacy (against state action) individual women retain in the First, Fourth, Fifth, Ninth Amendment, and Fourteenth Amendments.
Walker and the extremist Republican Party—which enacted this law with unanimous GOP support and against unanimous Democratic Party opposition—know most Americans want individual women to make the choice to bear a child, and not Republican-led state governments.
So Walker and Republicans pretend to the position abortion should be left between a woman and her doctor, while enacting laws such as Wisconsin Act 37 crafted to stop abortion.
Judge Posner actually cited Walker's public statements in the hearing, noting Walker's public stances against abortion in all cases, even in cases to save the life of a mother, speaking to the intent of the law (Marley, Milwaukee Journal-Sentinel).
Walker through his spokeswoman denied his own anti-choice view:
Spokeswoman Laurel Patrick said Posner was wrong about Walker's views.A 2013 restraining order against the Republican-enacted law remains in effect. And Roe and Casey remain the law of the land, protecting women again undue burdens such as Walker's TRAP law heard at the hearing.
'The appropriate role of a judge is to make decisions based on the rule of law, rather than to insert inflammatory political commentary,' she said in an email. (Marley, Milwaukee Journal-Sentinel).
Meanwhile Republicans across the nation, including all major Republican candidates for the presidency continue their stance the state and not women should make the decision on whether women bear children.