Wisconsin Supreme Court’s liberal majority strikes down 176-year-old abortion ban

The Wisconsin Supreme Court’s liberal majority struck down the state’s 176-year-old abortion ban on Wednesday, ruling 4-3 that it was superseded by a newer state law that criminalizes abortions only after a fetus can survive outside the womb. State lawmakers adopted the ban in 1849, making it a felony when anyone other than the mother “intentionally destroys the life of an unborn child.” It was in effect until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never officially repealed the ban, however, and conservatives argued that the U.S. Supreme Court’s 2022 decision to overturn Roe reactivated it. Later in the day, the Wisconsin Supreme Court dismissed a case brought by Planned Parenthood challenging the constitutionality of the state’s 1849 abortion ban. Planned Parenthood, in their suit, argued that the 1849 law violates the state Constitution’s equal rights guarantees.