The Wisconsin Supreme Court is currently deliberating whether to reinstate a pre-Civil War abortion ban, originally enacted in 1849, following an appeal by Sheboygan County District Attorney Joel Urmanski.
This case comes after the U.S. Supreme Court’s 2022 ruling in Dobbs v. Jackson, which overturned Roe v. Wade and returned the power to regulate abortion to individual states.
Urmanski argues that the 1849 abortion ban was never repealed and should still apply, despite a 1985 Wisconsin law allowing abortions before fetal viability.
His attorney, Matthew Thome, contended before the court that the 1849 law and the 1985 statute can coexist, rejecting the notion that newer laws automatically nullify older ones.
He further argued that disregarding the ban would be undemocratic, as it has never been explicitly repealed by the legislature.
In response, liberal justices, who hold a majority on the court, expressed concerns about the implications of reactivating the 1849 ban. Justice Rebecca Dallet highlighted the undemocratic nature of relying on a law created exclusively by white men in 1849, and Justice Jill Karofsky pointed out that the ban lacks exceptions for rape and incest, which could impede doctors’ ability to provide care.
The court’s ruling, expected in the coming weeks, could shape the future of abortion rights in Wisconsin, with many anticipating a decision favoring abortion rights due to the court’s current liberal majority.