Women in Wisconsin will continue to have access to abortion services under a new ruling from the state’s highest court that invalidates a 176-year-old state law that had banned abortions in nearly every situation.
In a 4-3 ruling July 2, the liberal-controlled Wisconsin Supreme Court affirmed a lower court’s previous decision that overturned the 19th Century law.
The decision ends three years of tumult over the issue following the 2022 ruling by the U.S. Supreme Court that overturned Roe v. Wade, which had provided women nationwide with a constitutional right to abortion.
Writing for the court’s liberal majority, Supreme Court Justice Rebecca Dallet said the Wisconsin state Legislature had effectively repealed the 1849 law when it enacted additional laws regulating access to abortion.
“… 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,” Dallet wrote. “The legislature, as the people’s representatives, remains free to change the laws with respect to abortion in the future.”