The Wisconsin Supreme Court, in a 4-3 ruling, struck down the state’s 176-year-old abortion ban on Wednesday, a decision pro-life advocates decried as a devastating blow to the protection of unborn lives.
The court’s liberal majority ruled that the 1849 law, which made it a felony for anyone other than the mother to “intentionally destroy the life of an unborn child,” was superseded by newer state laws regulating abortion, including a 1985 statute permitting abortions until fetal viability.
“We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the ‘who, what, where, when, and how’ of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion,” Justice Rebecca Dallet wrote in the majority opinion.
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In a dissent, Justice Annette Ziegler called the ruling “a jaw-dropping exercise of judicial will.” She said the liberal justices based the decision on their personal preference to allow abortions.
The ruling affirmed a 2023 decision by Dane County Circuit Judge Diane Schlipper, who declared the 1849 ban applied to feticide—defined as killing an unborn baby without the mother’s consent—rather than consensual abortions.
Pro-life groups expressed outrage, arguing the decision undermines protections for the unborn.
The decision followed years of legal battles sparked by the U.S. Supreme Court’s 2022 overturning of Roe v. Wade, which reactivated debates over the 1849 ban.
Sheboygan County District Attorney Joel Urmanski, a Republican, had defended the law, arguing it could coexist with newer restrictions, “just as different penalties for the same crime coexist.”
His appeal of Schlipper’s ruling was rejected by the state Supreme Court, which pro-life supporters viewed as a foregone conclusion given the court’s 4-3 liberal majority.
The election of Susan Crawford, described by critics as a “radical abortion activist,” to the Wisconsin Supreme Court in April further solidified the liberal majority.
“Susan Crawford’s record shows she’s not just a judge, but an ideologue who will push an extreme pro-abortion agenda from the bench,” said Brian Burch, president of CatholicVote, after her victory over conservative Brad Schimel. Crawford, who represented Planned Parenthood in legal challenges, including a 2011 law requiring abortionists to have hospital admitting privileges, was not yet sworn in and did not participate in the ruling.
Her election ensures liberal control of the court until at least 2028, raising concerns among pro-life advocates about future abortion-related cases, including a pending Planned Parenthood lawsuit challenging the 1849 ban’s constitutionality.
Wisconsin Right to Life had warned in March that Crawford’s election could “open the floodgates” to unrestricted abortion, a fear amplified by Wednesday’s ruling.
A separate Planned Parenthood lawsuit, set to be heard by the court, could further entrench abortion by arguing the state constitution protects access. For now, Wisconsin’s 1985 law, which allows abortions until about 20 weeks, remains in effect.
The post Wisconsin Supreme Court Strikes Down State’s Abortion Ban appeared first on LifeNews.com.
Author: Steven Ertelt
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