Latest news with #RebeccaDallet
Wall Street Journal
02-07-2025
- Politics
- Wall Street Journal
Wisconsin's Abortion Settlement
The Supreme Court's Dobbs decision in 2022 reopened partisan warfare over abortion, but it is settling down to a rough political compromise in most states. A case in point is Wisconsin, where a state Supreme Court decision this week reveals the settlement terms. In a 4-3 decision in Kaul v. Urmanski, the court's liberal majority finally overturned an 1849 ban on abortion that was still on the books even though it hasn't been enforced. Justice Rebecca Dallet wrote that 'comprehensive legislation enacted over the last 50 years regulating in detail the 'who, what, where, when, and how' of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion.'
Fox News
02-07-2025
- Politics
- Fox News
Wisconsin Supreme Court decides abortion case that prompted most expensive judicial election in US history
\The Wisconsin Supreme Court's newly elected liberal majority on Wednesday voted to strike down a near-total state abortion ban, voting 4-3 to overturn the stringent, 176-year-old law. The decision reflected a deeply partisan split, with all four liberal justices voting to invalidate the 1849 abortion law and the three conservative justices dissenting. It also crystallized the impact of the state's Supreme Court election earlier this year that raked in millions of dollars in donations, the highest amount in U.S. history for a judicial race. It included involvement from then-Trump ally Elon Musk, former President Barack Obama and others. Writing for the majority, Justice Rebecca Dallet said the law had been superseded by more recent precedent, including a 1985 statute that allowed for abortions up to the point of fetal viability, or around the 20-week mark. "We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the 'who, what, where, when, and how' of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion," Dallet wrote. "Accordingly, we hold that the legislature impliedly repealed [the 1849 ban] to abortion, and that [that law] therefore does not ban abortion in the State of Wisconsin." Conservative Justice Annette Ziegler, in a dissent, described the ruling as "a jaw-dropping exercise of judicial will" and charged that the liberal justices ruled on the matter based on their personal preferences. The 1849 law, and efforts to revive it, came to the fore in Wisconsin in 2022, after the U.S. Supreme Court ruled to overturn Roe v. Wade — effectively snapping back into place the state law that had been dormant for decades. The Wisconsin law made it a felony for individuals in Wisconsin to perform abortions, including when the health of the woman was at risk, and without exceptions in cases of rape or incest. Though the law was not enforced by the state in recent years, at least some Republicans had urged the state Supreme Court to keep it in place, prompting opponents to push more urgently for it to be struck down. The 4-3 decision puts to rest the possibility that it could be revived. It's also the clearest sign to date of the impact that liberals on the bench could have after they regained the court majority in 2023 for the first time in 15 years. The closely watched state Supreme Court race in Wisconsin was the most expensive judicial election in U.S. history, attracting more than $100 million in donations and far eclipsing the $56 million spent on the state Supreme Court race just two years earlier, according to figures compiled by the Brennan Center for Justice. Susan Crawford ultimately beat out conservative candidate Brad Schimel, who was backed by President Donald Trump and Musk. Musk personally donated $3 million to the Wisconsin Republican Party earlier this year, while his two super PACs spent more than $17 million on Schimel's behalf. Wisconsin Gov. Tony Evers praised the state Supreme Court decision Wednesday, describing it as a win "for women and families" and healthcare professionals in the state. "Three years ago, the U.S. Supreme Court upended five decades of precedent and threw reproductive freedom in Wisconsin and across our country into chaos," Evers said in a statement. "I promised then to fight like hell to ensure every Wisconsinite has the freedom to consult their family, their faith and their doctor and make the reproductive healthcare decision that is right for them, and I've never stopped. "Today, the Wisconsin Supreme Court upheld that basic freedom."
The Hill
02-07-2025
- Politics
- The Hill
Wisconsin Supreme Court strikes down state's 176-year-old abortion ban
Abortion will continue to be legal in Wisconsin after the state's Supreme Court said Wednesday that a 176-year-old law is not an abortion ban, ruling that it has been superseded by more recent laws. Supreme Court Justice Rebecca Dallet wrote for the 4-3 liberal majority that the Wisconsin state Legislature had effectively repealed the 1849 law when it enacted additional laws regulating access to abortion. 'Comprehensive legislation enacted over the last 50 years regulating in detail the 'who, what, where, when, and how' of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion,' Dallet wrote. Abortion services were paused in the state following the June 2022 Supreme Court Dobbs decision that overturned Roe v. Wade. That decision triggered Wisconsin's 1849 law that providers interpreted as banning almost all abortions. Wisconsin's Democratic Attorney General Josh Kaul sued to challenge the law, and a judge last year ruled that the lawsuit can proceed because the law outlaws killing fetuses, but it doesn't ban abortions. The Badger State's top court has been majority liberal since Justice Janet Protasiewicz won a 2023 election in which she made support for abortion rights a campaign centerpiece.
