Supporters of reproductive rights in Wisconsin are celebrating a significant victory. The Wisconsin Supreme Court has ruled that an 1849 law, which some argued criminalized abortion, does not actually ban the procedure. This decision means that abortions can continue in the state without legal restrictions.
The ruling comes after years of legal battles sparked by the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022, which removed federal protections for abortion. In Wisconsin, the situation was complicated. The 1849 law led many abortion providers to stop offering services, fearing legal repercussions. However, Democratic Attorney General Josh Kaul challenged the law, and the matter has been in the courts since June 2022.
In December 2023, a lower court determined that the 1849 law was not an outright ban on abortion. Instead, it was classified as a feticide law, which prohibits harming a woman’s child without her consent. Following that ruling, women in Wisconsin were able to access abortions up to 20 weeks or later if necessary for their health.
On Wednesday, the Wisconsin Supreme Court ruled along ideological lines, with a 4-3 liberal majority. The majority opinion stated that the legislature had effectively repealed the 1849 law through more recent laws that regulate abortion in detail. They argued that modern legislation covers all aspects of abortion, rendering the old law obsolete.
In dissent, conservative Justice Annette Ziegler criticized the majority’s decision, claiming it selectively upheld certain abortion statutes while ignoring others. The court also dismissed a separate case from Planned Parenthood that sought to declare the 1849 law unconstitutional, stating they could only address that if they first ruled it as a ban.
This ruling leaves unresolved questions about constitutional protections for abortion in Wisconsin. Legal experts believe the conversation around these issues will continue, possibly leading to future court cases or discussions about constitutional amendments. Currently, Wisconsin does not allow citizens to propose changes to the constitution through ballot measures, meaning any potential amendments would need to come from the legislature, which is currently divided between a Republican-controlled assembly and a Democratic governor.
As the political landscape could shift after the 2026 midterm elections, many are watching closely to see how this issue will evolve in Wisconsin.