Wisconsin’s Supreme Court held heated arguments Monday on whether to reinstate the state’s 1849 abortion ban, with liberal justices sharply questioning Sheboygan County DA Daniel Urmanski’s attorney, Matthew Thome, who argued for the ban’s revival. Liberal justices, led by Rebecca Dallet and Jill Karofsky, criticized the outdated ban, noting it lacks exceptions for rape or incest and could restrict medical care. Dallet called the ban undemocratic, as it was enacted by “white men who held all the power.”
The 1849 ban had been inactive since Roe v. Wade legalized abortion nationwide in 1973. However, following Roe’s reversal in 2022, Urmanski argues the ban is still valid alongside Wisconsin’s 1985 law permitting pre-viability abortions. A Dane County judge previously ruled the ban only applies to non-consensual fetal harm, prompting Planned Parenthood to resume services in the state.
Thome contended that newer laws don’t implicitly repeal old ones, comparing it to statutes with different penalties for similar crimes. Justice Dallet challenged this stance as undermining recent legal progress.
Additionally, Planned Parenthood of Wisconsin has filed a separate suit asking the court to establish a constitutional right to abortion, which the court has yet to address.
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