GOP asks judge to toss lawsuit challenging abortion ban

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MADISON, Wis. (AP) — Republicans who control the state Legislature are asking a judge to dismiss Democratic Attorney General Josh Kaul's lawsuit challenging Wisconsin's 173-year-old abortion ban.

Senate President Chris Kapenga, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos filed a motion to dismiss the lawsuit in Dane County Circuit Court on Tuesday morning.

They contend that Kaul's argument that the ban has lost its validity because it's so old lacks any legal foundation, Kaul lacks legal standing and the legislators lack any ability to enforce the ban.

Kaul filed the challenge in June after the U.S. Supreme Court overturned Roe vs. Wade, the landmark decision that essentially legalized abortion across the country.

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