¶ Overview
Eric Toney had repeatedly pledged to “enforce” and “defend” Wisconsin’s 1849 near-total abortion ban if elected as attorney general, embracing one of the state’s most extreme anti-abortion laws. In 2022, after Roe v. Wade was overturned, Toney suggested he would enforce Wisconsin’s 1849 near-total abortion ban, which effectively prohibited nearly all abortions and only allowed exceptions when a woman’s life was in danger. Toney also suggested the state should expand prosecutorial authority so abortion cases could be pursued across county lines if local district attorneys refused to enforce the ban, and he later refused to rule out prosecuting doctors who provided abortions, including in cases involving rape or incest.
Toney also supported blocking public funding for Planned Parenthood and other abortion providers.
In 2022, anti-abortion rights organizations Wisconsin Family Action and Wisconsin Right to Life endorsed Toney for attorney general and praised his anti-abortion positions and “core values.” After he pledged to enforce Wisconsin’s 1849 abortion ban, Toney embraced the endorsements and described Wisconsin Family Action as the state’s leading group fighting for “pro-family” and anti-abortion issues.
¶ Eric Toney Supported Enforcing Wisconsin’s 1849 Near-Total Abortion Ban
¶ Eric Toney Repeatedly Supported Enforcing Wisconsin’s 1849 Near-Total Abortion Ban
¶ Eric Toney Said He Would “Enforce” And “Defend” Wisconsin’s 1849 Abortion Ban
2021: Toney Pledged To “Enforce” Wisconsin’s 1849 Abortion Ban And Supported Efforts To Ensure The Law Was Followed “If The Supreme Court Allows For Enforcement.” According to Toney’s Twitter, “ICYMI: I will enforce and defend the law as passed by the legislature and signed into law. I’ll support and help lead efforts to ensure Wisconsin’s abortion ban is followed, if the Supreme Court allows for enforcement. #wiright.”
[Twitter, @EricJToney, 12/5/21]
2021: Eric Toney Declared He Was “Proudly Pro-Life” And Pledged To “Defend” Wisconsin’s 1849 Abortion Ban. According to Toney’s Twitter, “I am proudly pro-life and I will defend the police and defend our Wisconsin laws, including our abortion ban, if allowed.”
[Twitter, @EricJToney, 12/14/21]
2022: Eric Toney Declared He Would “Enforce And Defend” Wisconsin’s 1849 Abortion Ban As Wisconsin Attorney General. According to PBS Wisconsin, "Toney said that applies to another area of contention in the 2022 election — abortion — specifically enforcing Wisconsin’s 1849 law that bans all abortion expect to save the life of the mother. ‘I’ve been very clear as a DA and as attorney general, I’m going to enforce the law. And right now, that means we have an abortion ban on the books here in Wisconsin,’ Toney said. ‘And I will enforce that as a DA, and I will enforce and defend that as our attorney general.’ Josh Kaul has filed a lawsuit seeking to overturn the 1849 law, and has said he will not enforce the law as attorney general." [PBS Wisconsin, 10/14/22]
2022: After Roe V. Wade Was Overturned, Eric Toney Pledged To Defend Wisconsin’s Abortion Law And Any Future Legislative Changes. According to IVoterGuide, "Under what circumstances should abortion be allowed? Abortion is a state issue with Roe. V Wade recently being overturned in Dobbs v. Jackson Women’s Health Organization. Toney: As Attorney General, I will support and defend the rule of law, not just when I agree with it. I will defend the Wisconsin law regulating abortion, including any future exceptions passed by the legislature. Currently, abortion is allowed to save the life of the mother and a mother may not be prosecuted."
[IVoterGuide, Archived 5/5/26]
¶ Wisconsin’s 1849 Law Banned Abortion In All Cases Unless Two Doctors Ruled That A Woman’s Life Was In Danger
2022: A Total Abortion Ban That Was Written In 1849 Became Law In Wisconsin When The U.S. Supreme Court Overturned Roe V. Wade. According to Wisconsin Public Radio, “For more than a year now, Wisconsin has been operating under an abortion law that was first written and passed more than 170 years ago. Last June, when the U.S. Supreme Court issued its historic opinion in the Dobbs v. Jackson Women’s Health Organization case, overturning Roe v. Wade and leaving the legality of abortion up to individual states, that little-known Wisconsin law went into effect. That law — which was written just one year after Wisconsin became a state — effectively bans abortions.” [Wisconsin Public Radio, 8/7/23]
- The 1849 Wisconsin Law Made Abortion A Crime Unless Two Doctors Ruled That The Pregnant Woman’s Life Was In Danger. According to the Cap Times, “The law, which makes abortion a crime unless two doctors have ruled the woman's life is in danger, predates the Roe decision. As a result of the 1973 U.S. Supreme Court decision, Wisconsin's ban cannot be enforced. The Wisconsin Right to Life paper concludes that, should the Supreme Court overturn Roe, the most effective way to make abortion illegal in Wisconsin is to keep this statute on the books, rather than passing a personhood amendment.” [Cap Times, 10/28/14]
¶ Wisconsin’s 1849 Abortion Ban Conflicted With Other State Laws Allowing Abortions After 20 Weeks Or Fetal Viability
2022: Wisconsin’s 1849 Abortion Ban Conflicted With Other State Laws Allowing Abortions After 20 Weeks Or Fetal Viability. According to the Wisconsin State Journal, "Other state laws prohibit abortions either after 20 weeks or after fetal viability. Those laws directly conflict with the older ban, which only allows for abortions to protect the life of the mother, Kaul argues" [Wisconsin State Journal, 11/3/22]
¶ Wisconsin Attorney General Josh Kaul Called The 1849 Abortion Ban “Draconian” And Vowed Not To Enforce It
2022: Wisconsin Attorney General Josh Kaul Called The 1849 Abortion Ban “Draconian” And Vowed Not To Enforce It. According to Wisconsin Watch, “In an interview, Attorney General Josh Kaul says the 173-year-old abortion ban may be unenforceable under a legal doctrine called desuetude, which holds that a long-unenforced law essentially becomes invalid. Kaul has vowed not to enforce that ‘draconian’ law if Roe falls.” [Wisconsin Watch, 6/4/22]
¶
Eric Toney Refused To Rule Out Prosecuting Doctors Under Wisconsin’s 1849 Abortion Ban
¶ Eric Toney Refused To Rule Out Prosecuting Doctors For Providing Abortions, Including In Cases Of Rape Or Incest
HEADLINE: “AG RACE: Republican Toney Won’t Rule Out Prosecuting Abortions In Cases Rape, Incest” [Up North News Wisconsin, 10/7/22]
2022: Up North News Wisconsin: Toney “Refused To Rule Out Using State Resources To Prosecute Doctors For Providing Abortions, Even In Cases Of Rape Or Incest.” According to Up North News Wisconsin, “Fond du Lac District Attorney Eric Toney, the Republican nominee for Wisconsin Attorney General, refused to rule out using state resources to prosecute doctors for providing abortions, even in cases of rape or incest, in an interview that aired this week.” [Up North News Wisconsin, 10/7/22]
2022: Toney Indicated Medical Providers Could Face Prosecution Under Wisconsin’s 1849 Abortion Ban If They Performed Abortions In Violation Of State Law. According to the Wisconsin State Journal, "In other comments, Toney has said licensed medical providers wouldn’t risk breaking state law and called claims he’d prosecute doctors a ‘scare tactic.’ ‘I think they’re going to follow the law,’ Toney said in an interview with the Wisconsin State Journal editorial board last month. ‘I don’t think we’re going to see people in the medical community doing this.’ The need for health care professionals to have more guidance about what Wisconsin’s abortion laws are is at the core of a lawsuit Kaul has brought challenging the 1849 ban." [Wisconsin State Journal, 11/3/22]
¶ Eric Toney Supported Expanding Prosecutorial Authority Under Wisconsin’s 1849 Abortion Ban
¶ Eric Toney Pledged To Enforce Wisconsin’s 1849 Abortion Ban And Raised The Possibility Of Expanding Prosecutorial Authority For Abortion Cases Across County Lines
2022: Eric Toney Pledged To Enforce Wisconsin’s 1849 Abortion Ban And Raised The Possibility Of Expanding Prosecutorial Authority For Abortion Cases Across County Lines. According to Wisconsin State Journal, “Republican Attorney General candidate Eric Toney has said he would enforce Wisconsin’s abortion ban because it is the law but he’s downplayed some comments on what that would look like despite ongoing confusion for the medical community about the state’s conflicting abortion statutes. Toney, the Fond du Lac County district attorney, said the state Department of Justice would enforce the state’s 1849 ban under his leadership, putting him in conflict with district attorneys in Dane and Milwaukee counties, who have indicated they wouldn’t enforce it. In a months-old PBS Wisconsin interview, Toney called for DOJ to be given authority to enforce abortion laws and seemingly floated the idea of having district attorneys prosecute abortion cases outside their own counties. That practice only happens on rare occasions, mainly election and ethics violations, and would require a change in state law to allow it for abortion.” [Wisconsin State Journal, 11/3/22]
2022: Toney Supported Allowing Neighboring Counties To Prosecute Abortion Cases If Local District Attorneys Refused To Enforce Wisconsin’s 1849 Abortion Ban. According to PBS Wisconsin, "Not only would Toney enforce the 1849 abortion ban, he would ask the Legislature to allow adjoining counties to bring cases if the local DA won’t prosecute. ‘We need to give our attorney general the authority to prosecute. They already would have the technical authority to investigate it,’ Toney said. ‘And I think another approach would be allowing for adjoining counties to be able to investigate and enforce that abortion ban in Wisconsin.’" [PBS Wisconsin, 10/14/22]
¶ Eric Toney Supported Defunding Planned Parenthood And Abortion Providers
¶ Eric Toney Supported Cutting Off Public Funding For Planned Parenthood And Other Abortion Providers
2022: Eric Toney Strongly Supported Blocking Government Funding For Planned Parenthood And Other Abortion Providers. According to IVoterGuide, "Abortion providers, including Planned Parenthood, should not receive funds from federal, state, or local governments (including Title X grants). Toney: Strongly Agree."
[IVoterGuide, Archived 5/5/26]
¶ Toney Embraced Endorsements From Anti-Choice Groups Who Claimed His Anti-Choice Positions Reflected His “Core Values”
¶ 2022: Anti-Abortion Group Wisconsin Family Action Endorsed Eric Toney And Praised His “Core Values” And Anti-Abortion Positions
2022: Toney Touted The Endorsement Of Anti-Choice Group Wisconsin Family Action And The Organization Praised His Anti-Abortion Positions And “Core Values.” According to a press release from the Toney Campaign via WisPolitics, "Today Fond du Lac County District Attorney Eric Toney, law enforcement’s choice for Attorney General, today welcomed the endorsement of Wisconsin Family Action. District Attorney Toney responded to the endorsement with the following: ‘Wisconsin Family Action is the premier organization in the state fighting for both pro-life and pro-family issues. Their endorsement confirms that I am not just law enforcement’s choice, but the conservative candidate in this race.’" [Press Release – Toney Campaign via WisPolitics, 7/7/22]
- 2022: Toney Praised Wisconsin Family Action As The “Premier Organization In The State Fighting For Both Pro-Life And Pro-Family Issues.” According to a press release from the Toney Campaign via WisPolitics, "District Attorney Toney responded to the endorsement with the following: ‘Wisconsin Family Action is the premier organization in the state fighting for both pro-life and pro-family issues. Their endorsement confirms that I am not just law enforcement’s choice, but the conservative candidate in this race.’" [Press Release – Toney Campaign via WisPolitics, 7/7/22]
2022: Wisconsin Family Action Director Julaine Appling Praised Toney’s “Core Values” And Backed Him For Attorney General. According to a press release from the Toney Campaign via WisPolitics, "Julaine Appling, the Director of Wisconsin Family Action, stated: ‘We believe Eric’s core values and approach to the office of attorney general make him well-suited to serve capably and appropriately in that office.’” [Press Release – Toney Campaign via WisPolitics, 7/7/22]
2022: Wisconsin Family Action PAC Praised Toney’s Positions On Its “Core Issues” And Endorsed Him For Wisconsin Attorney General. According to Wisconsin Family Action, "The Attorney General race is one of our very favorite wins, with Eric Toney coming out on top. Our WFA PAC endorsed Eric Toney because he has the right positions on our core issues, has the right experience, and we believe had good people around him. Toney was significantly outspent by Adam Jarchow, but Toney’s experience and straight-forward messaging resonated with voters. Jarchow lying about Toney didn’t help Jarchow’s cause. [...] We look forward to Eric Toney beating Josh Kaul this November and bringing back not just common sense, but a true regard for the law, to the AG’s office." [Wisconsin Family Action, 8/11/22]
¶ 2022: Wisconsin Right To Life Endorsed Toney After He Pledged To Enforce Wisconsin’s 1849 Near-Total Abortion Ban
2022: Toney Touted The Endorsement Of Wisconsin Right To Life For His Attorney General Campaign. According to a press release from the Toney Campaign via WisPolitics, “Wisconsin Family Action joins Wisconsin Right to Life, over 100 Sheriffs and District Attorneys, and community leaders throughout Wisconsin in stating that Eric is the best candidate to defeat Josh Kaul and serve as your Attorney General." [Press Release – Toney Campaign via WisPolitics, 7/7/22]
2022: Wisconsin Right To Life Endorsed Toney After He Pledged To Enforce Wisconsin’s 1849 Abortion Ban. According to Fox 6 Now, "Wisconsin Right to Life endorses two other A.G. candidates, former state lawmaker Adam Jarchow and Fond du Lac County District Attorney Eric Toney. 'I will enforce that ban because that’s the responsibility as a district attorney, right now in my tenth year, but as our attorney general. Their job is to enforce the rule of law, not pick and choose,' Toney said." [Fox 6 Now, 8/2/22]