Journal Sentinel

Wisconsin Supreme Court invalidates the state's strict 1849 abortion law

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

The Hill

5381276 Wisconsin Supreme Court Ruling 1849 Abortion Law

Wisconsin Supreme Court strikes down state's 1849 near-total abortion ban

MS Now

Wisconsin Supreme Court's liberal majority backs abortion rights in the state

The New Republic

Wisconsin Supreme Court Repeals 1849 Abortion Ban in Major Victory

Reproductive Freedom for All

Reproductive Freedom for All Applauds Wisconsin Supreme Court Decision to Strike Down 1800s Total Abortion Ban

Daily Caller

Wisconsin Supreme Court Strikes Down Abortion Ban

Townhall

Wisconsin Overturns 176 Years of Anti-Abortion Legislation

GovEvers

Donald Trump

Nancy Pelosi

Kamala Harris

Mitch McConnell

Mike Johnson

J.D. Vance

Chuck Schumer

Karoline Leavitt

Sian Norris

Eric Schmitt

Adam Serwer

Destiny Lopez

Lupe M. Rodríguez

Rachel M. Cohen

Carol Tobias

Matt Walsh

Alexis McGill Johnson

David Cohen

Metaculus

"EVERYONE KNOWS I WOULD NOT SUPPORT A FEDERAL ABORTION BAN, UNDER ANY CIRCUMSTANCES, AND WOULD, IN FACT, VETO IT."

A national abortion ban is "just not a reality."

Trump "has been very clear that he will NOT sign a federal ban when he is back in the White House."

"I don't think we'll get 60 votes in the Senate for any kind of national legislation [on a federal abortion ban]."

"[U]nless something really unusual happens in this election, neither side is going to have the votes in Congress to pass a national law [on abortion]."

Many elected Republicans "support policies that would devastate our communities, including potentially a nationwide abortion ban."

"[I]f Republicans get into power, they will not hesitate to push for a national abortion ban."

"There is very little doubt that Trump will sign a national abortion ban."

"[I]f Donald Trump were to be re-elected, he will sign a national abortion ban."

If Donald Trump wins the election, "there will be an abortion ban in our country; that's a guarantee."

Will Elective Abortion Be Banned Nationally in the US?

<h2></h2>

The Wisconsin Supreme Court on Wednesday ruled 4-3 to strike down the state's 176-year-old abortion ban, with all four liberal justices voting to invalidate the law and the three conservative justices dissenting.

The Associated Press

The Wisconsin Supreme Court on Wednesday ruled 4-3 to strike down the state's 176-year-old abortion ban, with all four liberal justices voting to invalidate the law and the three conservative justices dissenting.

Supreme Court Justice Rebecca Dallet, in a majority opinion, wrote that the court determined that "comprehensive legislation enacted over the last 50 years" was "meant as a substitute for the 19th center near-total ban on abortion."

Supreme Court Justice Rebecca Dallet, in a majority opinion, wrote that the court determined that "comprehensive legislation enacted over the last 50 years" was "meant as a substitute for the 19th center near-total ban on abortion."

The state's 1849 law made it a felony for anyone other than the pregnant woman to intentionally destroy the life of an unborn child, with penalties including up to six years in prison and a $10,000 fine. The only exception was for therapeutic abortions to save the life of the pregnant woman, with no exceptions for rape, incest, or the woman's health.

Foxnews

The New York Times

The state's 1849 law made it a felony for anyone other than the pregnant woman to intentionally destroy the life of an unborn child, with penalties including up to six years in prison and a $10,000 fine. The only exception was for therapeutic abortions to save the life of the pregnant woman, with no exceptions for rape, incest, or the woman's health.

Wisconsin Attorney General Josh Kaul, a Democrat, initiated the legal challenge when he filed a lawsuit in 2022 arguing that the ban was trumped by abortion restrictions enacted during the nearly half-century that Roe v. Wade was in effect.

Wisconsin Attorney General Josh Kaul, a Democrat, initiated the legal challenge when he filed a lawsuit in 2022 arguing that the ban was trumped by abortion restrictions enacted during the nearly half-century that Roe v. Wade was in effect.

Sheboygan County District Attorney Joel Urmanski, a Republican, defended the ban in court, arguing that it could coexist with newer abortion restrictions just as different penalties for the same crime coexist.

National Review

Sheboygan County District Attorney Joel Urmanski, a Republican, defended the ban in court, arguing that it could coexist with newer abortion restrictions just as different penalties for the same crime coexist.

Wisconsin's current abortion law, allowing the procedure until about 20 weeks of pregnancy, with exceptions for the life or health of the mother, remains in place.

Wisconsin's current abortion law, allowing the procedure until about 20 weeks of pregnancy, with exceptions for the life or health of the mother, remains in place.

Journal Sentinel #

CNN #

The Hill #

NBC #

MS Now #

The New Republic #

Reproductive Freedom for All #

Daily Caller #

Townhall #

Wisconsin's 1849 law made it a felony for anyone other than the pregnant woman to intentionally destroy the life of an unborn child, with penalties including up to six years in prison and a $10,000 fine. The only exception was for therapeutic abortions to save the life of the pregnant woman, with no exceptions for rape, incest, or the woman's health.</span

The New York Times #

Wisconsin's 1849 law made it a felony for anyone other than the pregnant woman to intentionally destroy the life of an unborn child, with penalties including up to six years in prison and a $10,000 fine. The only exception was for therapeutic abortions to save the life of the pregnant woman, with no exceptions for rape, incest, or the woman's health.

The legal challenge was initiated by Wisconsin Attorney General Josh Kaul, a Democrat, who filed a lawsuit in 2022 arguing that the 1849 ban was trumped by abortion restrictions enacted during the nearly half-century that Roe v. Wade was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability, around 21 weeks of gestation.</span

The Associated Press #

The legal challenge was initiated by Wisconsin Attorney General Josh Kaul, a Democrat, who filed a lawsuit in 2022 arguing that the 1849 ban was trumped by abortion restrictions enacted during the nearly half-century that Roe v. Wade was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability, around 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with newer abortion restrictions just as different penalties for the same crime coexist. Urmanski appealed a 2023 lower court ruling that found the law only applied to feticide, not consensual abortions.</span

National Review #

Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with newer abortion restrictions just as different penalties for the same crime coexist. Urmanski appealed a 2023 lower court ruling that found the law only applied to feticide, not consensual abortions.

The ruling leaves in place Wisconsin's current abortion law allowing the procedure until about 20 weeks of pregnancy, with exceptions for the life or health of the mother. Abortion services had resumed in Wisconsin in December 2023 after a Dane County judge ruled the 1849 ban was not valid for consensual abortions.</span

NPR Online News

The ruling leaves in place Wisconsin's current abortion law allowing the procedure until about 20 weeks of pregnancy, with exceptions for the life or health of the mother. Abortion services had resumed in Wisconsin in December 2023 after a Dane County judge ruled the 1849 ban was not valid for consensual abortions.

Conservative Justice Annette Ziegler wrote in dissent that the ruling was "a jaw-dropping exercise of judicial will" and accused the liberal majority of placing personal preference over constitutional roles. Wisconsin Republican Party Chair Brian Schimming denounced the decision, stating the court's role is to follow the Constitution, not make law.</span

Conservative Justice Annette Ziegler wrote in dissent that the ruling was "a jaw-dropping exercise of judicial will" and accused the liberal majority of placing personal preference over constitutional roles. Wisconsin Republican Party Chair Brian Schimming denounced the decision, stating the court's role is to follow the Constitution, not make law.

The court's decision is judicial activism at its worst, seizing legislative authority by declaring unenforceable a valid law that has been on the books since 1849 without any explicit legislative action to repeal it. This rationale completely opposes the U.S. Supreme Court's Dobbs decision, which returned abortion authority to the people and their elected representatives, not to state courts to make policy decisions that belong in the legislature.

The court's decision is judicial activism at its worst, seizing legislative authority by declaring unenforceable a valid law that has been on the books since 1849 without any explicit legislative action to repeal it. This rationale completely opposes the U.S. Supreme Court's Dobbs decision, which returned abortion authority to the people and their elected representatives, not to state courts to make policy decisions that belong in the legislature.

Nrlc

National Right to Life Condemns Wisconsin Supreme Courts Action Striking Protective Pro-Life Law

Abortion

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

United States of America

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

This is a monumental victory for women, families, and healthcare professionals who want to provide the best treatments for their patients. Obviously, 50 years of comprehensive abortion legislation effectively replaced the archaic 1849 ban. Wisconsin voters support for 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 invalidated a law that has been on the books since 1849 without any 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 voters and their representatives, not to state courts.

This is judicial activism at its worst, as the court has invalidated a law that has been on the books since 1849 without any 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 voters and their representatives, not to state courts.

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.

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.

Metaculus2

In what percent of US States will Casey-era abortion rights be granted on May 1, 2026?

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

The Spin

Metaculus Prediction

The Controversies

Trump

Schmitt

Leavitt

McConnell

Tobias

Rodríguez

Schumer

Norris

Harris

Pelosi

Go Deeper

Articles on this story

Sign Up for Our Free Newsletters
Sign Up for Our Free Newsletters

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

Wisconsin Supreme Court Strikes Down 1849 Abortion Ban

The Spin

Metaculus Prediction

The Controversies

Trump

Schmitt

Leavitt

McConnell

Tobias

Rodríguez

Schumer

Norris

Harris

Pelosi

Go Deeper

Articles on this story

Sign Up for Our Free NewslettersSign Up for Our Free Newsletters

Sign Up for Our Free Newsletters
Sign Up for Our Free Newsletters