GREEN BAY (NBC 26) — The Wisconsin Supreme Court ruled today that the state's 1849 law banning nearly all abortions is no longer valid, settling a long-standing legal debate over abortion access in the state.
In a 4-3 decision, the court's liberal majority found that newer state laws now govern how abortions are regulated, replacing the older ban that some believed took effect again after Roe v. Wade was overturned.
The 1849 law made it a felony to intentionally end a pregnancy, unless the mother's life was at risk.
Attorney General Josh Kaul challenged the law, calling it outdated. He argued it has been overruled by newer legislation, including a 1985 law that allows abortion until a fetus can survive outside the womb, around 21 weeks.
"What this ruling made clear is that the 1849 law that people have talked about so much is not in effect in Wisconsin. There is no sweeping criminal abortion ban. There is a 20-week ban on the books in Wisconsin. There are a variety of other laws," Kaul said.
"But certainly in the first 2 weeks of pregnancy, access to abortion in Wisconsin is safe and legal in light of this ruling," Kaul said.
Michelle Velasquez, attorney for Planned Parenthood of Wisconsin, praised the decision.
"I think that today's ruling is an important victory for patients, for public health, for providers, and really for basic human dignity, of having that autonomy and knowing that you can get the care you need when you need it, and that your physician or your other health care provider isn't facing potential criminal prosecution," Velasquez said.
A separate lawsuit questioning the constitutionality of the 1849 law is still pending. This decision doesn't change any abortion law or create new rights. It just clarifies how existing state laws should be understood and enforced.
The chairman of the GOP, Brian Schimming issued a statement criticizing the ruling: "The Wisconsin Supreme Court's role is to follow the Constitution, not to make law. This issue should be resolved in the legislature and by voters, not by far-left justices parading as legislators."
Bishop Rickens of the Catholic Diocese of Green Bay also responded, saying: "Abortion is not the answer to a difficult or challenging pregnancy – as a state, we can do better."
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