Court strikes down state’s 1849 abortion ban

Wisconsin Supreme Court strikes down state’s 1849 abortion ban

The procedure was already being performed in the state following a lower court ruling.

By Giselle Ruhiyyih Ewing

The Wisconsin Supreme Court on Wednesday struck down the state’s 176-year-old abortion ban in a 4-3 ruling, saying that it was superseded by a more recent state law criminalizing abortions only in cases when a fetus is viable outside the womb.

The decision by the liberal-leaning majority of the court marks the end of a three-year battle over abortion in the state after the U.S. Supreme Court overturned Roe v. Wade in 2022, nullifying federal abortion protections and kick-starting a fight over whether the Supreme Court decision effectively reactivated the state’s 1849 ban.

Abortions were already being performed in the state following a lower court ruling striking the 19th-century ban, but the Wednesday decision provides more finality.

The Wisconsin Supreme Court came into the national spotlight in the spring, when then-presidential adviser and billionaire entrepreneur Elon Musk poured millions into backing the conservative candidate for an open seat on the bench. Musk-backed former Republican Attorney General Brad Schimel ultimately lost the April election, landing Dane County Judge Susan Crawford the seat and maintaining the court’s liberal majority.

Crawford has yet to be sworn in and did not participate in Wednesday’s decision. The court flipped to a liberal majority following a 2023 election that centered on abortion rights.