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Did Eric Toney say he would not rule out prosecuting abortions even in cases of rape and incest?

By Jacob Alabab-Moser
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YES

Wisconsin Attorney General candidate Eric Toney, the current Fond du Lac County district attorney, said in an interview with WKOW TV that he would decide whether to prosecute abortions — including situations involving rape or incest — by looking at cases "on an individual basis." 

Currently, Wisconsin's 1849 law outlaws most abortions unless a pregnant person's life is in danger. Toney has told the Milwaukee Journal Sentinel that he would "enforce the law as passed by our Legislature" — with or without rape or incest exceptions.  

While Toney has said he would enforce the law for the sake of the "rule of law" and not based on personal or political beliefs, he has self-identified as "pro-life." Anti-abortion organizations including Wisconsin Right to Life and Susan B. Anthony Pro-Life America have endorsed his candidacy.

This fact brief is responsive to conversations such as this one.
Sources
WKOW Would Eric Toney help prosecute abortions in rape/incest cases?
Milwaukee Journal Sentinel Attorney general candidate Eric Toney doesn't rule out prosecuting abortion in cases of rape, incest
Sba Pro-life America SBA Pro-Life America’s Candidate Fund endorses Eric Toney for WI-AG
Eric Toney Toney for A.G. endorsements
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Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.