Particle.news

Download on the App Store

Wisconsin Supreme Court Overturns 1849 Abortion Ban

Comprehensive abortion statutes enacted over five decades have nullified the 1849 law without changing the state’s viability-based limit.

Overview

  • The court’s 4-3 liberal majority ruled that the pre–Civil War ban was implicitly repealed by modern abortion regulations.
  • Justice Rebecca Dallet wrote that detailed laws governing “who, what, where, when, and how” of abortion supplanted the 19th century statute.
  • The decision upholds a 2015 law banning abortion after roughly 20 weeks, keeping access legal until fetal viability.
  • An April judicial election cemented the court’s liberal majority that provided the decisive votes in this case.
  • In her dissent, Justice Annette Ziegler characterized the ruling as a judicial overreach.