The Wisconsin Supreme Court will hear oral arguments on Monday in a lawsuit seeking clarity on whether an 1849 state law that had been widely interpreted as a near-complete abortion ban applies to the procedure.
The case is one of two in the state challenging Wisconsin’s 175-year-old law — which conservatives argue bans abortion — following the U.S. Supreme Court’s decision in 2022 to strike down its landmark 1973 Roe v. Wade ruling legalizing abortion.
With liberal justices holding a 4-3 majority on the state’s highest court, abortion advocates are hopeful the court upholds a Dane County Circuit Court judge’s ruling last year that the law only applies to feticide, not abortions.
Oral arguments are scheduled to begin at 9:45 a.m.
After the U.S. Supreme Court struck down Roe v. Wade in June 2022, Democratic Attorney General Josh Kaul asked the Dane County Court to declare the 1849 law didn’t apply to abortion. Kaul argued that law conflicted with later, more permissive abortion bans, including a 1994 Wisconsin Supreme Court case that found that the law only applied to somebody killing a fetus by assaulting its mother, not consensual abortions.
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Kaul initially filed the case against Republican legislative leaders, but he later named as defendants the prosecutors in Dane, Milwaukee and Sheboygan counties, which were home to abortion clinics before Roe was overturned.
Dane County Judge Diane Schlipper in December ruled that the law only applied to feticide. Sheboygan County District Attorney Joel Urmanski, a Republican, appealed the case to the 2nd District Court of Appeals but shortly after asked the state Supreme Court to take up the case directly.
Urmanski has said he believes the 1849 law applies to abortion, but he wants the liberal-controlled state Supreme Court to issue a final ruling on the matter.
Speaking with reporters on Friday, Kaul said Schlipper’s ruling is currently the only legal ruling on the matter and abortion providers in Wisconsin are operating under that guidance.
“Right now we have a decision from the Circuit Court in Dane County, the only court that has addressed this issue, and it found that the 1849 law does not apply to consensual abortions,” Kaul said. “Right now that’s the guiding principle that we have in the law.”
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3 Bedroom Home in Mount Horeb - $602,900
Proposed construction of the stunning "McKinley" nestled in Sienna Hills neighborhood of Mt. Horeb. Right off of the Military Ridge Trail, step into this inviting abode boasting a spacious open floorplan designed to welcome you home! As you enter, the expansive Great Room w/ lofty 9ft ceilings & bathed in natural light. Prepare culinary delights in the gourmet kitchen, complete w/ a sleek island, elegant Quartz countertops, & an oversized pantry to fulfill all your storage needs. Retreat to the luxurious primary suite featuring tile shower w/ niche, double vanity, & spacious walk-in closet. This large homesite offers lookout basement exposure for a nice bright lower level! With the added bonus of a 3-car garage this home feels like HOME! Plan and design can vary based on what is selected.
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