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• The Wisconsin Supreme Court has struck down the state’s 176-year-old law, ruling it does not ban abortions.
• The decision was made by a 4-3 vote, with the court’s liberal majority prevailing.
• The 1849 law is superseded by a newer state law allowing abortions until fetal viability.

Quick Brief

2-Minute Digest

Essential Context

The Wisconsin Supreme Court’s decision resolves a long-standing legal battle over the state’s abortion laws. The 1849 law, enacted just a year after Wisconsin became a state, was reactivated after the U.S. Supreme Court overturned Roe v. Wade in 2022.

Core Players

• Wisconsin Supreme Court – The state’s highest court with a liberal majority.
• Planned Parenthood of Wisconsin – Filed a lawsuit challenging the 1849 law.
• Josh Kaul – Wisconsin Attorney General who argued the 1849 law was outdated.
• Joel Urmanski – Sheboygan County District Attorney who defended the 1849 law.

Key Numbers

• 1849 – The year the disputed law was enacted.
• 1973 – The year Roe v. Wade was decided, nullifying the 1849 law.
• 2022 – The year Roe v. Wade was overturned, reactivating the 1849 law.
• 4-3 – The vote margin in the Wisconsin Supreme Court’s decision.

Full Depth

Complete Coverage

The Catalyst

The Wisconsin Supreme Court’s decision was prompted by a lawsuit filed by Planned Parenthood of Wisconsin in February, seeking clarification on whether the 1849 law banned abortions. This followed the U.S. Supreme Court’s overturning of Roe v. Wade, which had previously nullified the 1849 law.

Democratic Attorney General Josh Kaul had also challenged the law in 2022, arguing it was outdated and superseded by newer abortion regulations.

Inside Forces

The court’s liberal majority played a crucial role in the decision. The justices ruled that the 1849 law does not ban abortions but is instead superseded by a 1985 state law that allows abortions until the fetus can survive outside the womb.

Sheboygan County District Attorney Joel Urmanski had argued that the 1849 law could coexist with the newer regulations, but the court disagreed.

Power Dynamics

The decision reflects the power dynamics within the Wisconsin Supreme Court, where the liberal majority has significant influence over state law interpretations. This ruling aligns with the court’s previous stance on protecting abortion rights.

The ruling also underscores the ongoing legal battles between Democratic and Republican officials in Wisconsin regarding abortion laws.

Outside Impact

The ruling has broader implications for abortion access in Wisconsin. It ensures that Planned Parenthood and other healthcare providers can continue offering abortion services without fear of prosecution under the 1849 law.

The decision may also influence other states’ approaches to interpreting and enforcing their own abortion laws in the wake of the Roe v. Wade overturn.

Future Forces

Looking ahead, this decision sets a precedent for future legal challenges to abortion laws in Wisconsin and potentially other states. It highlights the importance of state-level judicial decisions in shaping reproductive rights.

Advocates for both sides of the abortion debate are likely to continue pushing for legislative and judicial actions that align with their views.

Data Points

• February 2025: Planned Parenthood of Wisconsin files a lawsuit challenging the 1849 law.
• 2022: U.S. Supreme Court overturns Roe v. Wade, reactivating the 1849 law.
• 1985: Wisconsin enacts a law allowing abortions until fetal viability.
• 1849: The disputed law is enacted.