The Supreme Court in Wisconsin has ended an old abortion law that was made in the year 1849. This law was 176 years old. The judges gave a 4-3 decision, saying that the old law is no longer useful because there are new rules made after that.
This law from 1849 said that only a mother or doctor in emergency can end a pregnancy. It became invalid in 1973 when the US Supreme Court made abortion legal in the whole country. But in 2022, when that decision was removed, some people believed the 1849 law came back again.
New Rules Take the Place of Old Abortion Law
The Attorney General of Wisconsin, Josh Kaul, who is from the Democratic party, went to court in 2022. He said that the new abortion rules that were made during the Roe v. Wade time should replace the old law.
He talked about a law made in 1985 that allows abortion until the baby can live outside the womb. This can happen after around 21 weeks. He also reminded about other rules, like women must do an ultrasound, wait for 24 hours, and give written permission before doing abortion.
The judges said that all these new laws cover everything about abortion. So, there is no need for the 1849 law. Justice Rebeca Dallet wrote that the new rules are complete and are enough to take the place of the old ban.
People Support Abortion Rights More Now
In 2023, Judge Diane Schlipper said that the 1849 law was only about stopping someone from harming the baby without the mother’s permission. So, it didn’t stop normal abortions. After her decision, abortion services started again in Wisconsin.
Now, the new Supreme Court decision makes it more clear that abortion is legal in the state. This gives safety to doctors and patients both.
In the 2024 elections, a report said that 62% people in Wisconsin believe abortion should be legal in all or most cases. Only a small group said it should be fully banned.
Big Arguments From Both Sides
Some judges gave strong opinions. Justice Janet Protasiewicz had already said during her campaign that she supports abortion rights. Justice Jill Karofsky said the old law was like a “death warrant” for women and children who need care. Dallet said the law was made by only white men who had all the power at that time.
But not all judges agreed. Justice Annette Ziegler said the decision was wrong. She said the liberal judges are using their own choice and changing the law like lawmakers. She said, “Put bluntly, our court has no business usurping the role of the legislature.”
Heather Weininger from Wisconsin Right to Life also said that the court cannot say the old law is gone just because of new laws. She said this is like making new laws from the judge’s chair.
What Comes Next for Wisconsin Court
In April, Susan Crawford, who is supported by Democrats, won a place in the Supreme Court. This means the liberal group of judges will stay in control till 2028. But she was not part of this abortion case decision because she is not sworn in yet.
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