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- Wisconsin Supreme Court invalidates the state's strict 1849 abortion law</p>
<p>Molly Beck, Milwaukee Journal SentinelJuly 2, 2025 at 10:43 PM</p>
<p>MADISON, WI - Women in Wisconsin will continue to have access to abortion services under a new ruling from the state's highest court that invalidates a 176-year-old state law that had banned abortions in nearly every situation.</p>
<p>In a ruling July 2, the liberal-controlled Wisconsin Supreme Court affirmed a lower court's previous decision that overturned the 19th Century law.</p>
<p>The decision ends three years of tumult over the issue following the 2022 ruling by the U.S. Supreme Court that overturned Roe v. Wade, which had provided women nationwide with a constitutional right to abortions.</p>
<p>Dane County Circuit Judge Diane Schlipper ruled in December 2023 that the state's abortion law does not apply to voluntary abortions but to feticide. Schlipper's ruling was based on a 1994 state Supreme Court decision that determined feticide is a nonconsensual act in which somebody batters a woman to the point she loses the pregnancy.</p>
<p>Attorney General Josh Kaul argued in the lawsuit that the 1849 law has been invalidated by abortion laws passed since the Roe v. Wade decision, including requirements that a woman must undergo an ultrasound before an abortion, along with a counseling appointment and a 24-hour waiting period, and restrictions on medication abortions and telehealth access.</p>
<p>In the aftermath of the U.S. Supreme Court overturning Roe v. Wade, states like Wisconsin were left in legal limbo. Questions quickly surfaced over whether the 1849 law superseded subsequent regulations enacted on abortion access in Wisconsin, including a 2015 law under which abortion is banned 20 weeks after "probable fertilization."</p>
<p>Three Planned Parenthood clinics and one independent clinic immediately stopped providing abortions after the U.S. Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Care. That changed in the summer of 2023, when Schlipper released an order signaling her belief that the law only applied to the intentional killing of a fetus by someone other than the mother.</p>
<p>Operators of the four clinics at the time of the initial ruling, located in Dane, Milwaukee and Sheboygan counties, interpreted the order as giving them legal standing to again provide abortions. There has not been a legal challenge against the clinics. Schlipper made her order official with a ruling in December 2023.</p>
<p>This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Supreme Court invalidates the state's 1849 abortion law</p>
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