Wisconsin Supreme Court's liberal majority strikes down 176-year-old abortion ban
The ban state lawmakers adopted in 1849 made it a felony when anyone other than the mother 'intentionally destroys the life of an unborn child.'
It was in effect until 1973, when the U.S. Supreme Court's landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never officially repealed the ban, however, and conservatives argued that the U.S. Supreme Court's 2022 decision to overturn Roe reactivated it.
Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation.
Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist.
Dane County Circuit Judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide — which she defined as the killing of a fetus without the mother's consent — but not consensual abortions. Abortions have been available in the state since that ruling but the state Supreme Court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin.
Urmanski had asked the state Supreme Court to overturn Schlipper's ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights.
The justices concluded that 'the legislature impliedly repealed' the ban 'by enacting comprehensive legislation about virtually every aspect of abortion including where, when, and how healthcare providers may lawfully perform abortions,' Justice Rebecca Dallet wrote for the majority. 'That comprehensive legislation so thoroughly covers the entire subject of abortion that it was clearly meant as a substitute for the 19th century near-total ban on abortion."
In a dissent, Justice Annette Ziegler called the ruling 'a jaw-dropping exercise of judicial will." She said the liberal justices based the decision on their personal preference to allow abortions.
Urmanski's attorney, Andrew Phillips, didn't immediately respond to an email Wednesday morning seeking comment. Kaul's spokesperson, Riley Vetterkind, also didn't immediately return an email.
Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday's ruling. She'll play pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban's constitutionality. The high court decided last year to take that case. It's still pending.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Verge
41 minutes ago
- The Verge
Slate Auto's electric pickup is no longer ‘under $20,000' — thanks, Donald
Slate Auto's American-made electric pickup — the one with no paint, no stereo, and no touchscreen — is no longer priced 'under $20,000.' The increase is a result of Trump's 'Big, beautiful bill,' which will end the federal EV tax credits on September 30th when signed into law later today. That sub-$20,000 price for the Indiana-built pickup was a big selling point for the EV startup backed by Jeff Bezos, and was only possible after applying the $7,500 tax credit to the retail price. The price promotion was scrubbed from the Slate Auto site as recently as yesterday, according to TechCrunch. The website now shows an expected price of 'mid-twenties.' Slate's under $20,000 price tag for a vehicle it won't start delivering until late 2026 was always accompanied by an asterisk, with fine print highlighting federal incentives that were 'subject to change.' And change was certainly expected: Trump campaigned heavily on the promise to end President Biden's fictitious 'EV mandate,' because electric cars are for socialists in MAGA world. Trump's embrace of oil and gas, while simultaneously dismantling incentives meant to spur the adoption of EVs and clean energies, is a gift to Chinese makers of electric cars, solar panels, and batteries. The US is now on course to own the past while China is firmly positioned to dominate the future.
Yahoo
an hour ago
- Yahoo
UFC to the White House? That is the plans for the Octagon
How does UFC White House sound for a future event? Well, that is what we could be getting in 2026 if everything comes together. President Donald Trump, a close friend of UFC CEO Dana White, told people in attendance in Iowa at a rally Thursday night that he wants the Octagon on the ground of the White House next year. Advertisement MORE: Bo Nickal joins up with Hulk Hogan's wrestling promotion while remaining with the UFC "Does anybody watch UFC?" Trump said (thanks to MMA Fighting for the quotes). "The great Dana White. We're going to have a UFC fight on the grounds of the White House. We have a lot of land there. "Dana's going to do it. Dana's great, one of a kind. We're going to have a UFC fight, a championship fight." Trump mentioned upwards of 25,000 people in attendance for the event that would help celebrate the 250th anniversary of the signing of the Declaration of Independence in the United States. Advertisement White has been a keynote speaker in support of Trump at the Republican National Convention and helped him in pursuit of the White House in 2020 as well. Trump has attended several UFC events. MORE COMBAT SPORTS NEWS:


Bloomberg
an hour ago
- Bloomberg
10%-70% US Tariffs, China-EU Strain, Golf's Uneven Game
Your morning briefing, the business news you need in just 15 minutes. On today's podcast: (1) US President Donald Trump said that his administration will start sending out letters to trading partners on Friday setting unilateral tariff rates, which he said countries would have to begin paying on Aug. 1. (2) The Chinese government intends to cancel part of a two-day summit with European Union leaders planned for later this month, in the latest sign of the tensions between Brussels and Beijing. (3) Treasury Secretary Scott Bessent dismissed the idea that the dollar's recent declines raise concerns about its status as the world's key currency. (4) The smiling faces of Rory McIlroy, Scottie Scheffler and other millionaire champions beam out from the marketing material for next week's Scottish Open. 'This is Golf Country,' goes the tagline. But away from the sport's royalty and the glitz of venues such as US President Donald Trump's two resorts, the home of golf has little to smile about. (5) President Donald Trump secured a sweeping shift in US domestic policy as the House passed a $3.4 trillion fiscal package that cuts taxes, curtails spending on safety-net programs and reverses much of Joe Biden's efforts to move the country toward a clean-energy economy. (6) Chancellor of the Exchequer Rachel Reeves stressed her commitment to fiscal discipline in her management of the UK's public finances after reassurances about her position from Prime Minister Keir Starmer led jittery markets to rebound on Thursday. (7) Tributes from the footballing world have continued for Liverpool's Diogo Jota, who died in a car crash alongside his brother in Spain yesterday.