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Wisconsin Supreme Court Reviews 1849 Abortion Ban Amid Legal Challenges

The court, with a liberal majority, is expected to rule on the enforceability of the state's pre-Civil War abortion law.

  • The Wisconsin Supreme Court is deliberating on whether the 1849 abortion ban can still be enforced following the overturn of Roe v. Wade.
  • Liberal justices, who control the court, appear skeptical of the ban's applicability, suggesting a potential ruling against its enforcement.
  • The 1849 law, which criminalizes abortion except to save the mother's life, was nullified by Roe v. Wade but reinstated after its repeal in 2022.
  • Attorney General Josh Kaul argues that a 1985 law allowing abortions before 21 weeks supersedes the 1849 statute.
  • Planned Parenthood resumed abortion services in Wisconsin after a 2023 ruling clarified the 1849 law does not apply to consensual abortions.
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