The Wisconsin Supreme Court’s liberal majority has overturned a 176‑year‑old abortion ban, confirming that modern viability‑based laws take precedence and safeguarding reproductive access in the state.
At a Glance
- The 4–3 decision ruled that the 1849 total abortion ban was impliedly repealed by later laws.
- That law had criminalized abortion except in medical emergencies.
- Authorities confirmed a 2015 viability‑based law remains in effect.
- Providers halted procedures post‑Dobbs but resumed after earlier court rulings.
- The decision cements current abortion access until at least fetal viability.
Historic Ban Overturned by Court
The court ruled that the 1849 statute—which made abortion a felony unless necessary to save the mother’s life—was effectively nullified by a 2015 law permitting abortion up to fetal viability. Attorney General Josh Kaul had argued more recent laws impliedly repealed the outdated ban, and the court agreed in a tight 4–3 vote.
Dissenting justices warned in their separate opinion that the decision set a dangerous precedent by effectively legislating from the bench.
Providers Reassured, Access Restored
After the U.S. Supreme Court’s 2022 Dobbs ruling, Wisconsin clinics paused services amid legal uncertainty. This decision affirms that abortion remains legal up to fetal viability, and clinics have resumed operations statewide.
Watch a report: Wisconsin Supreme Court’s liberal majority strikes down 1849 abortion ban
Polling indicates broad support in Wisconsin—62% of voters backed abortion access in the 2024 midterms—reinforcing public sentiment toward modern protections.
Broader Political and Legal Ripples
The ruling reflects the balance of power following Justice Susan Crawford’s April election, which secured the court’s liberal majority through at least 2028 (Politico report). It also aligns Wisconsin with other states using court action to uphold abortion access after Dobbs, such as Kansas and Michigan.
However, critics maintain that the legislature—not judges—should repeal such foundational laws, warning that judicial intervention undermines democracy.
Abortion remains legal in Wisconsin up to viability for now—but the path forward depends on whether lawmakers, voters, or courts ultimately shape its future.
