The liberal majority of the Wisconsin Supreme Court voted 4-3 to strike down an abortion ban that was 176 years old — a law from the 1800s that almost completely banned abortion. The court ruled that newer laws passed in more recent decades replace the old ban.
Background of the 1849 law
Wisconsin’s 1849 abortion ban, a near-total restriction, was nullified by Roe v. Wade in 1973 but never repealed. After the U.S. Supreme Court overturned Roe in 2022, conservatives claimed the old ban became enforceable again.
That same year, Wisconsin Attorney General Josh Kaul filed a lawsuit. He argued that newer abortion laws, including a 1985 law allowing abortion until viability, override the 1849 ban.
Court’s majority opinion
“In conclusion, 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. The legislature, as the peoples’ representatives, remains free to change the laws with respect to abortion in the future,” the court’s majority opinion states.
Attorney general’s reaction
Attorney General Kaul reacted to the ruling, posting on X, “This marks a major victory for reproductive freedom following the uncertainty and harm to women’s health that have resulted from the U.S. Supreme Court’s overturning of Roe v. Wade. At a time when rights are endangered, this ruling is a powerful reminder of the importance of advocating for our freedoms.”
Pushback from abortion opponents
Not everyone is happy with the Wisconsin Supreme Court’s decision to strike down the 1849 abortion ban. Opponents, including many conservatives and anti-abortion advocates, are vowing to push for legislative or constitutional changes to restore stricter abortion limits.
Wisconsin Representative Lindee Brill expressed strong opposition, stating:
“The Liberal majority in the Supreme Court clearly demonstrated today that they’ll find any way to ensure that the genocide of the unborn will continue in Wisconsin, even if it means baselessly overturning laws which have been enshrined in Wisconsin Statute for 175 years. Make no mistake, they knew before any brief was submitted or argument was made what their decision was going to be. Judges should make decisions based on the law and the facts of the case, not their personal political opinions. This was a reprehensible, partisan decision which will lead to the murder of thousands more innocent, unborn children.”
Current legal status of abortion in Wisconsin
In Wisconsin, abortion is currently legal up to fetal viability.
