Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

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The wide mostly of nan Wisconsin Supreme Court voted 4-3 to onslaught down an abortion prohibition that was 176 years aged — a rule from nan 1800s that almost wholly banned abortion. The tribunal ruled that newer laws passed successful much caller decades switch nan aged ban.

Background of nan 1849 law

Wisconsin’s 1849 abortion ban, a near-total restriction, was nullified by Roe v. Wade successful 1973 but ne'er repealed. After nan U.S. Supreme Court overturned Roe successful 2022, conservatives claimed nan aged prohibition became enforceable again.

That aforesaid year, Wisconsin Attorney General Josh Kaul revenge a lawsuit. He based on that newer abortion laws, including a 1985 rule allowing abortion until viability, override nan 1849 ban.

Court’s mostly opinion

“In conclusion, this lawsuit is astir giving effect to 50 years’ worthy of laws passed by nan legislature astir virtually each facet of abortion including where, when, and really health-care providers whitethorn lawfully execute abortions. The legislature, arsenic nan peoples’ representatives, remains free to alteration nan laws pinch respect to abortion successful nan future,” nan court’s mostly sentiment states.

Attorney general’s reaction

Attorney General Kaul reacted to nan ruling, posting connected X, “This marks a awesome triumph for reproductive state pursuing nan uncertainty and harm to women’s wellness that person resulted from nan U.S. Supreme Court’s overturning of Roe v. Wade. At a clip erstwhile authorities are endangered, this ruling is simply a powerful reminder of nan value of advocating for our freedoms.”

Pushback from abortion opponents

Not everyone is happy pinch nan Wisconsin Supreme Court’s determination to onslaught down nan 1849 abortion ban. Opponents, including galore conservatives and anti-abortion advocates, are vowing to push for legislative aliases law changes to reconstruct stricter abortion limits.

Wisconsin Representative Lindee Brill expressed beardown opposition, stating:

“The Liberal mostly successful nan Supreme Court intelligibly demonstrated coming that they’ll find immoderate measurement to guarantee that nan genocide of nan unborn will proceed successful Wisconsin, moreover if it intends baselessly overturning laws which person been enshrined successful Wisconsin Statute for 175 years. Make nary mistake, they knew earlier immoderate little was submitted aliases statement was made what their determination was going to be. Judges should make decisions based connected nan rule and nan facts of nan case, not their individual governmental opinions. This was a reprehensible, partisan determination which will lead to nan execution of thousands much innocent, unborn children.”

In Wisconsin, abortion is presently legal up to fetal viability.

Zachary Hill (Video Editor) contributed to this report.

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