Abortion will remain legal in Wisconsin following a 4-3 decision by the state’s Supreme Court, which ruled Wednesday that a 176-year-old law does not constitute a ban on abortion. Justice Rebecca Dallet, writing for the liberal majority, said the 1849 statute had been effectively replaced by more recent legislation regulating abortion access.
“Comprehensive legislation enacted over the last 50 years… was meant as a substitute for the 19th century near-total ban,” Dallet wrote.
Abortion services in Wisconsin were paused after the U.S. Supreme Court’s 2022 Dobbs decision overturned Roe v. Wade, triggering the old law. Providers interpreted it as a near-total ban until Democratic Attorney General Josh Kaul filed suit, arguing the law targeted feticide but not abortion itself.
A lower court had already allowed the lawsuit to proceed. The state’s high court, now controlled by a liberal majority after Justice Janet Protasiewicz’s 2023 election win, affirmed that modern laws take precedence, preserving access to abortion in the state.
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