Wisconsin Supreme Court Strikes Down 1849 Abortion Ban
In a significant legal victory for pro-choice advocates, the Wisconsin Supreme Court has overturned the state's 176-year-old abortion ban. The ruling, delivered on Wednesday, invalidates a law dating back to 1849.
Key Decision Points
The court's 4-3 decision hinged on the interpretation of a more recent law, which criminalizes abortions only when the fetus is viable outside the womb. This later law was deemed to take precedence.
Attorney General Josh Kaul successfully argued that the 1849 law, while never formally repealed, had been effectively nullified by subsequent state regulations and laws.
Background and Context
The legal battle began after the U.S. Supreme Court overturned Roe v. Wade in 2022, eliminating federal abortion protections and sparking uncertainty over the status of Wisconsin's 19th-century ban.
The Wisconsin Supreme Court retained its liberal majority following an April election in which Susan Crawford, who openly supported abortion rights, won the seat.
