The Wisconsin Supreme Court’s 4-3 liberal majority invalidated the state’s 1849 abortion ban on Wednesday, ruling that the legislature had effectively repealed the century-and-a-half-old law through subsequent abortion statutes.
The ruling marks a critical moment in ongoing legal battles over abortion policy in Wisconsin, following the 2022 U.S. Supreme Court decision overturning Roe v. Wade.
The 1849 law criminalized abortion in nearly all cases, making it a felony to destroy “an unborn child” except when performed by the mother or a doctor in a medical emergency, according to Just the News.
Although the statute was largely dormant after Roe legalized abortion nationwide in 1973, conservatives contended the Dobbs ruling reactivated the old ban.
However, Wisconsin Attorney General Josh Kaul (D) challenged this view, filing a lawsuit in 2022 arguing that the legislature’s more recent abortion regulations supersede the 19th-century statute.
At the heart of the ruling is a 1985 law allowing abortions up to fetal viability, alongside additional regulations such as mandatory ultrasounds, a 24-hour waiting period, written consent and requirements that abortion-inducing drugs be administered by medical professionals.
Writing for the majority, Justice Rebeca Dallet stated that the legislature’s “comprehensive legislation” on abortion clearly replaces the 1849 law.
“This case is about giving effect to 50 years’ worth of laws passed by the legislature about virtually every aspect of abortion including where, when, and how health-care providers may lawfully perform abortions,” Dallet wrote.
She added the legislature “remains free to change the laws with respect to abortion in the future.”
The ruling affirms a lower court’s 2023 decision from Dane County Circuit Judge Diane Schlipper, which distinguished consensual abortions from criminal feticide—the latter involving nonconsensual acts such as battering a woman resulting in pregnancy loss.
The court concluded the 1849 law applies to feticide but not to voluntary abortions, the Des Moines Register reports.
Democratic Gov. Tony Evers, who authorized the lawsuit, praised the ruling as a protection of reproductive rights.
“I promised then to fight like hell to ensure every Wisconsinite has the freedom to consult their family, their faith, and their doctor and make the reproductive healthcare decision that is right for them, and I’ve never stopped,” Evers said in a statement. “Today, the Wisconsin Supreme Court upheld that basic freedom.”
The ruling also triggered dissent from conservatives.
Justice Annette Ziegler called the majority’s decision “a jaw-dropping exercise of judicial will,” accusing the liberal justices of legislating from the bench, Just the News reports.
Justice Rebecca Bradley criticized the ruling as “a raw exercise of political power” that “defies the People’s sovereignty.”
Bradley also rebuked Chief Justice Jill Karofsky’s concurring opinion, which highlighted historic harms to women denied safe abortion care, for rewriting history and insulting women by using inclusive language such as “pregnant people.”
Sheboygan County District Attorney Joel Urmanski (R) defended the 1849 law, stating it could coexist with newer abortion statutes similarly to how multiple penalties can apply to the same crime.
The ruling preserves Wisconsin’s existing 20-week abortion limit, signed into law by former Republican Gov. Scott Walker in 2015.
Walker commented that without this law, there would be no significant legal protections for unborn children in Wisconsin following the court’s decision.
Republican lawmakers have yet to announce any immediate plans to pursue further abortion restrictions.
Senate Majority Leader Devin LeMahieu said he had not yet reviewed the court’s ruling.
The 4-3 decision reflects deep divisions in Wisconsin’s political and judicial landscape, raising questions about the balance of power between the legislature and judiciary, and signaling continued contention over abortion rights in the state.
The post Wisconsin Supreme Court Overturns 176-Year-Old Abortion Ban, Igniting Political and Legal Turmoil appeared first on Resist the Mainstream.
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Author: Gloriel Howard
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