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CNN
11 hours ago
- Politics
- CNN
Wisconsin Supreme Court's liberal majority strikes down 176-year-old abortion ban
Abortion rights Supreme Court Planned ParenthoodFacebookTweetLink Follow 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Supreme Court's liberal majority struck down the state's 176-year-old abortion ban on Wednesday, ruling 4-3 that it was superseded by a newer state law that criminalizes abortions only after a fetus can survive outside the womb.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 US 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 Legislators never officially repealed the ban, however, and conservatives argued that the US Supreme Court's 2022 decision to overturn Roe reactivated it. Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation. Sheboygan County District Attorney Joel Urmanski, a Republican, defended the ban in court, arguing that the 1849 ban could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist. Dane County Circuit Judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide – which she defined as the killing of a fetus without the mother's consent – but not consensual abortions. Abortions have been available in the state since that ruling but the state Supreme Court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin. Urmanski asked the state Supreme Court to overturn Schlipper's ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights. Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday's ruling. She'll play pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban's constitutionality. The high court decided last year to take that case. It's still pending.
The Guardian
12 hours ago
- Politics
- The Guardian
Wisconsin supreme court strikes down 1849 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 US supreme court's landmark Roe v Wade decision legalizing abortion nationwide nullified it. Legislators never officially repealed the ban, however, conservatives argued that the US supreme court's 2022 decision to overturn Roe reactivated it. Wisconsin attorney general Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation. Sheboygan county district attorney Joel Urmanski, a Republican, defended the ban in court, arguing that the 1849 ban could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist. Dane county circuit judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide – which she defined as the killing of a fetus without the mother's consent – but not consensual abortions. Abortions have been available in the state since that ruling but the state supreme court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin. Urmanski asked the state supreme court to overturn Schlipper's ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights. Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday's ruling. She'll play a pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban's constitutionality. The high court decided last year to take that case. It's still pending.
Toronto Sun
12 hours ago
- Politics
- Toronto Sun
Wisconsin Supreme Court strikes down 176-year-old abortion ban
Published Jul 02, 2025 • 2 minute read Wisconsin Attorney General Josh Kaul delivers remarks following hearing before Dane County Wis. judge Diane Schlipper which challenges a 174-year-old feticide law in Madison, Wis., May 4, 2023. Photo by John Hart / AP MADISON, Wis. (AP) — 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 newer state laws regulating the procedure, including statutes that criminalize abortions only after a fetus can survive outside the womb. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account The ban state lawmakers adopted in 1849 made 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. Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist. Dane County Circuit Judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide — which she defined as the killing of a fetus without the mother's consent — but not consensual abortions. Abortions have been available in the state since that ruling but the state Supreme Court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin. Urmanski had asked the state Supreme Court to overturn Schlipper's ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights. This advertisement has not loaded yet, but your article continues below. The justices concluded that 'the legislature impliedly repealed' the ban 'by enacting comprehensive legislation about virtually every aspect of abortion including where, when, and how healthcare providers may lawfully perform abortions,' Justice Rebecca Dallet wrote for the majority. '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.' In a dissent, Justice Annette Ziegler called the ruling 'a jaw-dropping exercise of judicial will.' She said the liberal justices based the decision on their personal preference to allow abortions. Urmanski's attorney, Andrew Phillips, didn't immediately respond to an email Wednesday morning seeking comment. Kaul's spokesperson, Riley Vetterkind, also didn't immediately return an email. Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday's ruling. She'll play pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban's constitutionality. The high court decided last year to take that case. It's still pending. Toronto Maple Leafs Toronto Maple Leafs Relationships Weird Sunshine Girls
South China Morning Post
12 hours ago
- Politics
- South China Morning Post
US Wisconsin court strikes down state's 19th century abortion ban
Wisconsin's top state court on Wednesday said an 1849 state law banning abortion in virtually all cases cannot be enforced, rejecting claims that it was revived after a landmark US Supreme Court ruling three years ago. Wednesday's decision, which affirms a lower court, leaves in place a 2015 Wisconsin law that bans abortion after 20 weeks. The Wisconsin Supreme Court in a 4-3 decision agreed with the state's Democratic Attorney General, Josh Kaul, that while the 19th century law has never been formally repealed, it was effectively nullified by more recent laws and regulations. In 2022, shortly after the US Supreme Court overturned Roe v. Wade, which had recognised a constitutional right to abortion, Kaul sued a Republican district lawyer who argued that the 1849 law was back in effect and could be enforced. The Wisconsin Supreme Court maintained its liberal majority after an April election in which the winning candidate, Susan Crawford, campaigned on her support for abortion rights. The contest became the most expensive judicial election in US history and was widely seen as an early referendum on President Donald Trump 01:39 Bromance implodes as Trump 'very disappointed' by Musk's bill criticism Bromance implodes as Trump 'very disappointed' by Musk's bill criticism
New York Post
12 hours ago
- Politics
- New York Post
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 newer state laws regulating the procedure, including statutes that criminalize abortions only after a fetus can survive outside the womb. The ban state lawmakers adopted in 1849 made 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. 4 The Wisconsin Supreme Court's liberal majority struck down the state's 176-year-old abortion ban, ruling 4-3 that it was superseded by newer state laws regulating the procedure. AP Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation. Sheboygan County District Attorney Joel Urmanski, a Republican, defended the 1849 ban in court, arguing that it could coexist with the newer abortion restrictions, just as different penalties for the same crime coexist. Dane County Circuit Judge Diane Schlipper ruled in 2023 that the 1849 ban outlaws feticide — which she defined as the killing of a fetus without the mother's consent — but not consensual abortions. 4 Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit that year arguing that the ban was trumped by abortion restrictions legislators enacted during the nearly half-century that Roe was in effect. AP Abortions have been available in the state since that ruling, but the state Supreme Court decision gives providers and patients more certainty that abortions will remain legal in Wisconsin. Urmanski had asked the state Supreme Court to overturn Schlipper's ruling without waiting for a decision from a lower appellate court. It was expected as soon as the justices took the case that they would overturn the ban. Liberals hold a 4-3 majority on the court, and one of them, Janet Protasiewicz, openly stated on the campaign trail that she supports abortion rights. 4 Kaul specifically cited a 1985 law that essentially permits abortions until viability. Some babies can survive with medical help after 21 weeks of gestation. Getty Images for Democratic Party of Wisconsin The justices concluded that 'the legislature impliedly repealed' the ban 'by enacting comprehensive legislation about virtually every aspect of abortion, including where, when, and how healthcare providers may lawfully perform abortions,' Justice Rebecca Dallet wrote for the majority. '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.' In a dissent, Justice Annette Ziegler called the ruling 'a jaw-dropping exercise of judicial will.' She said the liberal justices based the decision on their personal preference to allow abortions. 4 Wisconsin Supreme Court Justice Janet Protasiewicz openly stated on the campaign trail that she supports abortion rights. AP Urmanski's attorney, Andrew Phillips, didn't immediately respond to an email Wednesday morning seeking comment. Kaul's spokesperson, Riley Vetterkind, also didn't immediately return an email. Democratic-backed Susan Crawford defeated conservative Brad Schimel for an open seat on the court in April, ensuring liberals will maintain their 4-3 edge until at least 2028. Crawford has not been sworn in yet and was not part of Wednesday's ruling. She'll play pivotal role, though, in a separate Planned Parenthood of Wisconsin lawsuit challenging the 1849 ban's constitutionality. The high court decided last year to take that case. It's still pending.
