The Wisconsin Department of Justice is asking a federal appeals court to continue to apply a law that allows the state to detain pregnant women suspected of drug use after a judge struck it down.
U.S. District Judge James Peterson struck the 1998 law down in April but said it could continue to apply to pending cases during the appeal process. DOJ attorneys filed an appeal with the 7th U.S. Circuit Court of Appeals in May. DOJ also asked the 7th Circuit for an emergency stay of Peterson's ruling.
That court denied the emergency stay on Monday. DOJ attorneys asked the court Tuesday to continue to apply the law to pending cases while it appeals the denial to the U.S. Supreme Court.
