Wisconsin Supreme Court Upholds Abortion Access, Strikes Down 1849 Ban

In a landmark 4-3 decision, the Wisconsin Supreme Court’s liberal majority has struck down the state’s 176-year-old abortion ban. The ruling, issued on Wednesday, concluded that the archaic 1849 statute was superseded by more recent state laws regulating abortion procedures, which criminalize abortions only after fetal viability.

The decision provides much-needed clarity and certainty for abortion providers and patients across Wisconsin. Attorney General Josh Kaul, a Democrat, had filed a lawsuit arguing that restrictions enacted during the Roe v. Wade era, particularly a 1985 law permitting abortions until viability, superseded the older ban. The court’s majority agreed, stating that comprehensive legislation passed over the years implicitly repealed the 19th-century near-total ban.

Justice Rebeca Dallet, writing for the majority, asserted that the newer, comprehensive legislation on abortion was clearly intended as a substitute for the outdated ban. The ruling was widely anticipated, given the liberal majority on the court, with Justice Janet Protasiewicz having openly campaigned on a platform supporting abortion rights.

However, the decision faced strong dissent from conservative justices. Justice Annette Ziegler criticized the ruling as a “jaw-dropping exercise of judicial will,” accusing the majority of caving to personal preferences and political constituencies. She argued that the court had overstepped its bounds by legislating from the bench rather than interpreting existing law.

Despite the strong opposition, the ruling solidifies abortion access in Wisconsin, aligning with public sentiment. A 2024 AP VoteCast poll indicated that 62% of Wisconsin voters believe abortion should be legal in all or most cases.

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