Wisconsin Supreme Court Upholds Abortion Access, Strikes Down 1849 Ban

In a landmark decision, the Wisconsin Supreme Court’s liberal majority has affirmed abortion access in the state by striking down a 176-year-old ban. The 4-3 ruling, which came down on Wednesday, determined that the 1849 statute, widely interpreted as a near-total prohibition on abortion, was superseded by more recent state laws regulating the procedure.

The court’s decision provides much-needed clarity and stability for abortion providers and patients in Wisconsin. The 1849 ban had been nullified by Roe v. Wade in 1973 but conservatives argued it was reactivated after the U.S. Supreme Court overturned Roe in 2022. Wisconsin Attorney General Josh Kaul’s lawsuit successfully argued that subsequent legislation, including a 1985 law permitting abortions until viability, effectively replaced the antiquated ban.

Justice Rebeca Dallet, writing for the majority, stated that the comprehensive legislation enacted over the years clearly intended to substitute the 19th-century ban. The ruling was largely anticipated, given the court’s current liberal majority, with some justices having openly expressed support for abortion rights during their campaigns and oral arguments.

While reproductive rights advocates celebrate this outcome as a significant victory, the ruling also drew sharp criticism from conservative justices and anti-abortion groups. Justice Annette Ziegler called the decision “a jaw-dropping exercise of judicial will,” accusing the majority of legislating from the bench. Despite the dismissal of a separate constitutional challenge by Planned Parenthood, Wednesday’s ruling solidifies the legal landscape for abortion in Wisconsin, though remaining restrictions may still face future challenges.

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