Wisconsin Supreme Court’s liberal majority strikes down 176-year-old abortion ban
Share this @internewscast.com


MADISON, Wis. (AP) The Wisconsin Supreme Court’s liberal majority struck down the state’s 176-year-old abortion ban on Wednesday, ruling 4-3 that it was superseded by newer state laws regulating the procedure, including statutes that criminalize abortions only after a fetus can survive outside the womb.

The ban state lawmakers adopted in 1849 made it a felony when anyone other than the mother “intentionally destroys the life of an unborn child.”

It was in effect until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never officially repealed the ban, however, and conservatives argued that the U.S. Supreme Court’s 2022 decision to overturn Roe reactivated it.

Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist.

Dane County Circuit Judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide which she defined as the killing of a fetus without the mother’s consent but not consensual abortions. Abortions have been available in the state since that ruling but the state Supreme Court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin.

Urmanski had asked the state Supreme Court to overturn Schlipper’s ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights.

The justices concluded that “the legislature impliedly repealed” the ban “by enacting comprehensive legislation about virtually every aspect of abortion including where, when, and how healthcare providers may lawfully perform abortions,” Justice Rebecca Dallet wrote for the majority. “That comprehensive legislation so thoroughly covers the entire subject of abortion that it was clearly meant as a substitute for the 19th century near-total ban on abortion.”

In a dissent, Justice Annette Ziegler called the ruling “a jaw-dropping exercise of judicial will.” She said the liberal justices based the decision on their personal preference to allow abortions.

Urmanski’s attorney, Andrew Phillips, didn’t immediately respond to an email Wednesday morning seeking comment. Kaul’s spokesperson, Riley Vetterkind, also didn’t immediately return an email.

Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday’s ruling. She’ll play pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban’s constitutionality. The high court decided last year to take that case. It’s still pending.

Share this @internewscast.com
You May Also Like

“Feeling ‘Overwhelmed with Happiness’: Ksenia Karelina’s Joy Post-Release”

() Since her release from a Russian prison, former ballerina Ksenia Karelina said…

Champaign Resident Sentenced to 18 Years for Severe Criminal Sexual Assault

A 26-year-old man from Champaign, identified as Eugene Joiner, has been sentenced…

Augusta Launches Solar-Powered Streetlights

AUGUSTA, Ga. () – For Augusta drivers, it’s a first when it…

Rising Worries Following the Recent Deaths of Gopher Tortoises at Honeymoon Island State Park

PINELLAS COUNTY, Fla. (WFLA) — State officials are investigating after numerous recent…

Utah Mother Facing Charges for Homicide Now Accused of Mortgage Fraud and Money Laundering

SUMMIT COUNTY, Utah (ABC4) — The Kamas mother who is accused of…

7-Eleven employee passes away following alleged attack by manager

A woman who family members say was attacked by her manager at…

Zohran Mamdani Addresses Trump Threats: ‘Speaking Out Comes With Risks’

NEW YORK CITY (PIX11) – Zohran Mamdani, the Democratic nominee for New…

The Dalai Lama Emphasizes China’s Non-Interference in Succession Decisions

On Wednesday, the Dalai Lama declared that the established Tibetan Buddhist tradition…

Virulent Virus Stops Cat Admissions at Manatee County Animal Shelter

BRADENTON, Fla. (SNN) — A fast-spreading and lethal virus is currently wreaking…

Fire and Explosion Erupts at California Fireworks Storage Facility

An explosion occurred at a warehouse in California that was storing fireworks…

Chuck E. Cheese Launches New Arcade Experiences for Grown-Ups

Chuck E. Cheese is leveling up its game literally with the launch…

What is the RICO charge that Diddy is facing?

(NewsNation) — Jurors involved in the trial of Sean “Diddy” Combs have…