📢 Wisconsin Supreme Court Overturns 175-Year-Old Abortion Ban, Marking Major Legal Shift
In a landmark decision that reshapes the legal landscape of reproductive rights in Wisconsin, the state's Supreme Court has officially struck down a near-total abortion ban dating back to 1849. The 4-3 ruling comes over two years after the U.S. Supreme Court reversed Roe v. Wade, sending abortion regulation back to individual states.
The now-invalidated law had criminalized abortion for anyone other than the pregnant woman, with limited exceptions only to save the woman's life. After Roe was overturned in June 2022, several Republican prosecutors expressed intent to revive and enforce this long-dormant statute, prompting confusion and fear among medical providers.
Wisconsin Governor Tony Evers and Attorney General Josh Kaul, both Democrats, filed a lawsuit challenging the antiquated law. They argued that more recent legislation regulating abortion procedures—such as the 20-week ban and the mandatory 24-hour waiting period—had effectively replaced the older statute.
In a majority opinion written by Justice Rebecca Dallet, the court sided with that argument, stating:
“Modern legislation has comprehensively addressed the matter of abortion, making the 1849 ban obsolete.”
The vote split along ideological lines. Justice Janet Protasiewicz, elected in 2023 after running on a pro-abortion rights platform, cast the decisive vote that gave liberals control of the court and shifted its balance on reproductive rights.
Clinics in Wisconsin had paused abortions for nearly 18 months due to legal uncertainty. That changed in December 2023, when a county judge ruled the 1849 law unenforceable. That ruling was appealed by Sheboygan County District Attorney Joel Urmanski, a Republican, who claimed the newer laws were designed to work alongside the older one—not replace it.
But the Supreme Court's decision in Kaul v. Urmanski definitively ended the legal debate, concluding that the newer statutes cover every aspect of abortion access—who can perform them, where, and when. Justice Dallet’s opinion emphasized:
“The Legislature provided detailed answers to virtually every conceivable question surrounding abortion regulation.”
In a separate but related action, the court also dismissed a lawsuit from Planned Parenthood of Wisconsin that sought to establish a constitutional right to abortion under the state’s equal protection clause. The court said its ruling in Kaul v. Urmanski rendered that case moot.
Governor Evers praised the decision:
“Today’s ruling is a win for women, families, and healthcare providers across Wisconsin. But our work isn’t over. We must continue to protect reproductive freedom.”
Not everyone welcomed the ruling. Brian Schimming, chairman of the Wisconsin Republican Party, condemned the court’s move as overreach:
“This is judicial activism at its worst. The legislature—not unelected judges—should decide issues of such importance.”
Planned Parenthood’s chief strategy officer, Michelle Velasquez, expressed cautious optimism:
“This ruling is a victory, but we know the fight isn’t over. We remain committed to ensuring every person in Wisconsin has access to compassionate reproductive care.”
The decision in Wisconsin reflects a broader national trend. Pre-Roe abortion bans still exist in several states and have become lightning rods in political battles. Voters in states like Michigan and Arizona have already approved constitutional amendments protecting abortion rights.
As the legal and political battles over reproductive rights continue across the country, Wisconsin’s ruling may serve as a precedent for similar challenges in other states.
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