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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.

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People hold signs at the Capitol rotunda in Madison, Wis., on Jan. 22, 2023.
Abortion rights supporters rally at the Bigger Than Roe National Mobilization March in the rotunda of the Capital in Madison, on January 22, 2022.
The state capitol in Madison, Wisconsin.

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  • The court’s 4-3 liberal majority ruled that the pre–Civil War ban was implicitly repealed by modern abortion regulations.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.