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

WISCONSIN, UNITED STATES, JUL 2 – The Wisconsin Supreme Court’s 4-3 liberal majority ruled that newer abortion laws impliedly repealed the 1849 ban, ensuring abortion access up to about 20 weeks of pregnancy.

  • On Wednesday in Madison, the Wisconsin Supreme Court invalidated an 1849 abortion prohibition in a close 4-3 decision.
  • The ban, enacted in 1849 and reactivated by the 2022 overturning of Roe v. Wade, was challenged by a 2022 lawsuit filed by Democratic Attorney General Josh Kaul.
  • The court ruled the 1849 law was superseded by newer state legislation criminalizing abortions only after fetal viability, ensuring abortions remain legal in Wisconsin.
  • Justice Rebecca Dallet authored the majority opinion, stating that the legislature effectively nullified the abortion ban by passing extensive laws regulating nearly all facets of abortion care, while opponents criticized the decision as an overreach by the judiciary.
  • The decision affirms access to reproductive healthcare, provides legal certainty to patients and providers, and signals ongoing political and legal battles over abortion rights in Wisconsin.
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DrydenWire.com broke the news in on Wednesday, July 2, 2025.
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