Judge who blocked 'cocaine mom' law partially lifts ruling as state appeals

May 05--A federal judge who said a Wisconsin law that lets the state detain pregnant women suspected of substance abuse is unconstitutionally vague has granted a partial stay of his ruling blocking the law's enforcement.

The state this week appealed U.S. District Court Judge James Peterson's ruling last week overturning the 1998 law, sometimes called the "cocaine mom" law, which extends protection for abused and neglected children to fetuses.

On Wednesday, the state Department of Justice appealed and asked for a stay of Peterson's injunction blocking enforcement of the law. The injunction prevents child protective agencies from having any communication with pregnant women, even if the women seek services voluntarily, the state said.

On Thursday, Peterson granted a "limited, short-term stay." He said ongoing cases involving pregnant women can continue "to prevent the disruption of care already being provided to expectant mothers."

The state's request for a broader, longer stay throughout its appeal will be addressed in a hearing May 17.

"Issuing a stay now will protect expectant mothers and unborn children while the appellate court weighs the constitutionality of the Act," the state said. "In contrast, denying a stay will put pending ... cases in a state of flux and may require mothers to leave treatment."

Peterson said the state's reasoning for how the injunction prevents agencies from providing services to pregnant women "is not very clear," and is supported only by a statement from a supervisor in Milwaukee County.

The case involves former Wisconsin resident Tammy Loertscher, who was living in Medford in 2014 when she sought a pregnancy test and help for depression and a thyroid problem.

At Mayo Clinic in Eau Claire, she told a doctor she had used methamphetamine, marijuana and alcohol but stopped taking them when she thought she was pregnant.

Tests showed Loertscher was 14 weeks pregnant and had traces of the drugs in her body. A judge ordered her into inpatient drug treatment. When she refused, she was taken to jail for 18 days, including 36 hours in solitary confinement, until she agreed to urinalysis throughout her pregnancy.

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