Wisconsin Supreme Court’s liberal majority struck down the state’s 176-year-old abortion ban, ruling 4-3 that it was superseded by more recent legislation. The 1849 statute, which made it a felony to “intentionally destroy the life of an unborn child,” had been unenforceable since the 1973 Roe v. Wade decision but was never officially repealed. Conservative advocates argued that the 2022 Supreme Court decision overturning Roe reactivated the ban.
Attorney General Josh Kaul, a Democrat, filed a lawsuit challenging the 1849 law, contending that it was effectively replaced by subsequent abortion regulations. He specifically cited a 1985 law that permits abortions until fetal viability, typically around 21 weeks of gestation. The court’s majority agreed, stating that the comprehensive nature of modern abortion laws implied the repeal of the 19th-century ban.
The ruling provides clarity for healthcare providers and patients, ensuring continued legal access to abortion services in Wisconsin. However, the decision faced criticism from conservative justices and pro-life advocates, who argued that the court overstepped its authority by effectively legislating from the bench.
This landmark decision underscores the evolving legal landscape of reproductive rights in Wisconsin, reflecting broader national debates on abortion access and the role of the judiciary in interpreting and enforcing laws.
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