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Snapshot 4:Wed, Jul 2, 2025 8:02:17 PM GMT last edited by MattKalman

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

Above: Wisconsin Attorney General Josh Kaul on July 23, 2024. Image copyright: Daniel Steinle/Bloomberg via Getty Images

The Spin

This is a monumental victory for women, families, and healthcare professionals who want to provide the best treatments for their patients. TheObviously, court correctly recognized that 50 years of comprehensive abortion legislation effectively replaced the archaic 1849 ban. Wisconsin voters havesupport consistentlyfor supported abortion rights and this is a win for the basic freedoms of all Wisconsinites.

This is judicial activism at its worst, as the court has seizedinvalidated legislative authority by declaring unenforceable a valid law that has been on the books since 1849 without any explicit legislative action from the people's elected officials to repeal it. This isn't in line with the U.S. Supreme Court's Dobbs decision, which returned abortion authority to thevoters people and their elected representatives, not to state courts.

Metaculus Prediction

There's a 50% chance that 54.5% of U.S. states will have Casey-era abortion rights granted on May 1, 2026, according to the Metaculus prediction community.


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