[Catspaw]

This case is on appeal. The Wisconsin Court of Appeals is not going to look to an opinion piece (they may take judicial notice of it in a footnote, but that's not going to be the basis for their decision). They want case law--simply because basing the Court's decision on an opinion piece would be the Court making new law. They aren't going to do that.

[Notwithstanding]

I presume that TMLC is seeking to establish a precedent.

Necessity defense has not been successful in the past due largely to the legal (but immoral "binding" fiction) that a fetus deserves no protection (which is itself at odds with Roe), but since then laws protecting fetal life have sprung up all over, including laws in Wisconsin.

I suspect (but have no inside info) that they will combine legislative developments granting legal protections to human fetal lives and the right a mother has to know what she is doing to her child.