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Wisconsin Supreme Court’s liberal majority strikes down 176-year-old abortion ban

  • The Wisconsin Supreme Court's liberal majority struck down the state's 176-year-old abortion ban in a 4-3 ruling on Wednesday, affirming abortion access under a newer state law.
  • The ban, enacted in 1849 and never repealed, was superseded by laws permitting abortions until fetal viability, but conservatives argued the 2022 U.S. Supreme Court overturning of Roe reactivated it.
  • The ruling followed a two-year legal battle with Wisconsin Attorney General Josh Kaul's lawsuit claiming the older ban was overridden and lower court rulings clarifying the 1849 law outlawed feticide but not consensual abortions.
  • Governor Tony Evers pledged to oppose enforcement of the ban, stating he will withhold appointments of district attorneys who enforce it and offer clemency to doctors convicted under it.
  • The decision provides legal certainty for abortion providers and patients in Wisconsin but activists from both sides anticipate further legal and legislative challenges in the years ahead.
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DrydenWire.com broke the news in on Wednesday, July 2, 2025.
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