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liberal majority invalidated the state’s 1849 abortion ban on Wednesday, ruling that the legislature had effectively repealed the century-and-a-half-old law through subsequent abortion statutes.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