The Wisconsin Supreme Court has struck down a near-total abortion ban from 1849, affirming that a 1985 law allowing abortions until fetal viability effectively repealed it. The ruling was made by a 4-3 majority and emphasized that the legislature can amend abortion laws at any time. The decision clarifies that the century-old law does not prohibit consensual abortions but addresses feticide, which is the termination of pregnancy without consent. The ruling occurred after a contentious election that maintained the court's liberal majority amid significant political campaigning.
The Wisconsin Supreme Court ruled 4-3 that the legislature impliedly repealed the near-total ban on abortion by passing a law in 1985 allowing abortions until fetal viability.
This case is about giving effect to 50 years' worth of laws passed by the legislature about virtually every aspect of abortion including where, when, and how health-care providers may lawfully perform abortions.
Dane County Circuit Judge Diane Schlipper ruled that the law does not ban consensual abortions, but rather feticide – terminating a pregnancy without consent.
The Court's decision was along party lines and follows a heated election where liberal Susan M. Crawford maintained the Court's liberal majority despite aggressive campaigning.
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