Wisconsin Supreme Court Overturns 1849 Abortion Ban in 4–3 Vote

The Wisconsin Supreme Court’s liberal majority struck down the state’s 1849 abortion statute on Wednesday, ruling 4–3 that the near-total ban was “impliedly repealed” by a series of more recent laws that regulate the procedure. Writing for the majority, Justice Rebecca Dallet said modern legislation, including a 1985 measure that allows abortion until fetal viability, now “so thoroughly covers the entire subject of abortion” that it supplants the 19th-century felony prohibition.

The decision removes uncertainty that followed the U.S. Supreme Court’s 2022 Dobbs ruling. The 1849 ban had been dormant since Roe v. Wade in 1973 but was cited by some Republican prosecutors as newly enforceable after federal protections ended. Wisconsin Attorney General Josh Kaul and Gov. Tony Evers, both Democrats, sued in 2022; a Dane County judge in 2023 found the old law applied to feticide but not consensual abortion, allowing clinics to resume services last September.

Conservative Justice Annette Ziegler, in dissent, called the verdict “a jaw-dropping exercise of judicial will,” accusing the court of usurping legislative authority. Sheboygan County District Attorney Joel Urmanski, who had defended the 1849 statute, argued the ban could coexist with newer restrictions such as the state’s 24-hour waiting period and ultrasound requirement.

The ruling highlights the impact of two recent high-cost Supreme Court elections that gave liberals a 4–3 edge for the first time in 15 years. While Wednesday’s case addressed statutory conflict, the court is still weighing a separate lawsuit from Planned Parenthood of Wisconsin that asks whether the state constitution protects abortion rights. Until further action, abortions remain legal in the state up to viability, typically around 20 to 21 weeks of pregnancy.