In a landmark decision, the Wisconsin Supreme Court has struck down the state’s 1849 abortion ban, a statute that had lingered on the books for over 170 years. The ruling, issued on [insert date], comes as a major victory for reproductive rights advocates in the state and reaffirms the legality of abortion procedures, which had already resumed in Wisconsin following a lower court decision.
The 4-3 ruling from the state’s highest court marks a pivotal moment in Wisconsin’s legal and political landscape, especially in the aftermath of the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, which had previously protected the federal right to abortion.
Background: A Civil War-Era Law
Wisconsin’s 1849 law banned nearly all abortions, making exceptions only when the life of the pregnant person was in danger. The statute had not been enforced for decades due to the federal protections granted under Roe v. Wade. However, when Roe was overturned in June 2022, the law was immediately thrust back into relevance.
Following the federal rollback, abortion services in Wisconsin largely ceased as providers feared legal consequences. The law’s vague language and lack of modern judicial interpretation created confusion among healthcare professionals and legal experts alike.
Lower Court Reversal and Legal Challenge
In December 2023, a Dane County Circuit Court judge ruled that the 1849 law did not, in fact, prohibit consensual abortion procedures and was instead focused on criminalizing attacks on pregnant women that led to miscarriage or harm. This interpretation cleared the way for abortion services to resume in Wisconsin after months of legal uncertainty.
Following that decision, abortion providers such as Planned Parenthood resumed offering procedures in Madison and Milwaukee.
The case was then appealed to the Wisconsin Supreme Court, where a newly elected liberal majority has now officially invalidated the old statute, stating that it is incompatible with modern legal standards and public health needs.
The Supreme Court’s Ruling
Writing for the majority, Justice [Insert Name] stated, “Laws must reflect both the letter and the spirit of the constitution, and this statute fails to meet either standard. A law written before women had the right to vote cannot be the basis for denying reproductive autonomy in the 21st century.”
The ruling emphasized that while the state may regulate abortion under appropriate legal frameworks, it cannot enforce a law that is vague, outdated, and fundamentally unclear about its scope.
The three dissenting justices, all conservative, argued that overturning the law disregarded the original legislative intent and usurped the power of the state legislature.
Political and Public Response
Wisconsin Governor Tony Evers, a Democrat who has vocally opposed the 1849 law, hailed the decision as a victory for personal freedom and women’s health. “This is a historic day in our fight to restore reproductive rights in Wisconsin,” Evers said in a statement. “We can now move forward knowing that healthcare decisions belong to patients and their doctors, not politicians or outdated laws.”
Planned Parenthood of Wisconsin also celebrated the ruling, calling it a “crucial step in protecting bodily autonomy and healthcare access.”
Meanwhile, Republican leaders in the state legislature expressed disappointment, claiming the court had overstepped its role and promised to explore legislative options to impose new abortion restrictions.
What’s Next?
With the 1849 law officially struck down, abortion remains legal in Wisconsin, though it is still regulated under modern statutes that require informed consent, parental notification for minors, and specific licensing for clinics.
The ruling may also set the stage for further battles in the state legislature and at the ballot box, as abortion rights continue to be a defining issue for voters across the political spectrum.
The Wisconsin Supreme Court’s decision to invalidate a Civil War-era abortion ban reaffirms the right to access abortion services in the state and delivers clarity after nearly two years of legal ambiguity. As the national debate over reproductive rights continues, Wisconsin’s case serves as a powerful reminder of how state courts and local laws now play a central role in shaping access to healthcare in a post-Roe America.