Wisconsin Supreme Court Reverses 19th-Century Abortion Ban, Secures Reproductive Rights
Madison, Wisconsin – In a landmark decision on Wednesday, the Wisconsin Supreme Court, split along ideological lines, upheld the continuation of abortion services within the state, striking down a historic law from the 1800s that had, for a period, effectively prohibited most abortions.
Legal Victory for Reproductive Rights and Political Implications
This ruling marks a significant victory for advocates of reproductive freedom, especially as they played a pivotal role in shifting the court’s ideological balance in 2023. The decision solidifies legal protections for abortion access in Wisconsin, a critical swing state, and signals a setback for anti-abortion factions that had hoped Wisconsin would follow other states in imposing restrictions or outright bans following the U.S. Supreme Court’s overturning of Roe v. Wade in 2022.
Historical Context and the Impact of Dobbs v. Jackson
Following the Dobbs v. Jackson Women’s Health Organization decision, which eliminated the federal constitutional right to abortion, Wisconsin healthcare providers temporarily halted offering the procedure. Their concern stemmed from the state’s 1849 law, which many interpreted as banning most abortions, and which they feared could lead to criminal charges under current statutes.
Legal Battles and the Path to the Supreme Court’s Ruling
In response, Wisconsin Attorney General Josh Kaul (D) filed a lawsuit shortly after Dobbs, aiming to challenge the antiquated law and restore abortion access. A trial court initially ruled in favor of Kaul in 2023, prompting Planned Parenthood to resume providing abortions in Wisconsin. However, the legal status remained uncertain as both sides awaited the high court’s decision.
Supreme Court Decision and Its Implications
On Wednesday, the court’s liberal justices invalidated the 1849 law, with the ruling reflecting the ideological divide: the four liberal justices forming the majority, while the three conservative justices dissented. This decision permits healthcare providers to continue offering abortions up to 20 weeks post-fertilization, with exceptions only if the patient’s health is at serious risk. Wisconsin law also requires an ultrasound and a 24-hour waiting period before most procedures.
Restrictions and Continuing Limitations
Despite the victory, Wisconsin maintains restrictions on medication abortions, mandating that pills be dispensed in person and requiring follow-up visits after medication intake. The 1849 law, which had been largely unenforced for decades, was originally blocked in 1973 following Roe v. Wade but was never formally repealed by the legislature. Its language was widely interpreted as banning abortion unless the mother’s life was in danger.
Legal Interpretations and Ongoing Debates
In 2023, Dane County Judge Diane Schlipper ruled that the 1849 statute did not criminalize most abortions but instead criminalized causing a pregnant woman to lose her pregnancy through violence. This interpretation was challenged by Sheboygan County District Attorney Joel Urmanski (R), leading the Wisconsin Supreme Court to take up the case directly, bypassing appellate review.
Political Shifts and Future Outlook
The decision to resume abortion services in 2023 coincided with a significant political shift: liberals gained a majority on Wisconsin’s Supreme Court after 15 years of conservative dominance. The court’s liberal bloc has maintained a 4-3 majority following recent elections and is projected to hold sway until at least 2028, providing a more stable foundation for reproductive rights in the state.
As Wisconsin’s legal landscape continues to evolve, this ruling underscores the importance of judicial influence in shaping access to reproductive healthcare and highlights the ongoing political battles surrounding abortion laws across the United States.