• The Wisconsin Supreme Court has ruled 4-3 to strike down the state’s 176-year-old abortion ban.
• The ruling asserts that a newer law addressing fetal viability takes precedence over the outdated ban.
• This decision marks a significant victory for reproductive rights advocates following years of legal contention.
• The court maintained its liberal majority during a contentious electoral period for judicial seats.
• Attorney General Josh Kaul argued that historical laws had been effectively nullified by modern legislation.

The Wisconsin Supreme Court has ruled to overturn the state's 176-year-old abortion ban, deciding in a 4-3 vote that it was superseded by newer laws regulating abortions only after a fetus is viable outside the womb. The ban, originally enacted in 1849, made it a felony to “intentionally destroy the life of an unborn child” except to save the mother's life. This historic ruling provides necessary clarity for abortion rights in Wisconsin, affirming that current laws govern the practice, according to HuffPost and Newsweek.

After the U.S. Supreme Court overturned Roe v. Wade in 2022, the fate of Wisconsin's abortion policies became uncertain, with advocates for reproductive rights uncertainty about the enforceability of the 1849 ban. The state's Democratic Attorney General Josh Kaul filed a lawsuit arguing that the historical law had effectively been nullified by subsequent regulations enacted in recent decades, including a law from 2015 that permits abortions up to 20 weeks. This contention was ultimately upheld by the high court, according to reporting from South China Morning Post and NPR.

The court's ruling also addressed claims made by conservative elements that the 1849 law had been revived following the Supreme Court's 2022 decision. The majority opinion stated that comprehensive legislation regulating abortion over the last fifty years indicates a legislative intent to replace the antiquated ban. Justice Rebeca Dallet wrote, "That comprehensive legislation so thoroughly covers the entire subject of abortion that it was clearly meant as a substitute for the 19th century near-total ban on abortion," according to Reuters and India Times.

The ruling concluded a complex legal battle that began shortly after the overturning of Roe v. Wade, signaling a significant step toward reestablishing abortion access in Wisconsin. Following the ruling, abortion providers resumed operations in 2023, marking a return to normalcy in the state's reproductive healthcare landscape. As these developments unfold, there is the potential for ongoing debates about the constitutional protections for abortion in Wisconsin, as noted by Los Angeles Times and Newsweek.