A Win! Wisconsin's Ancient Abortion Ban Is OVER
Credit: Wisconsin Court System
July 3, 2025

On Wednesday, the Wisconsin Supreme Court released a finding that the 1849 abortion ban had been repealed by the various abortion laws passed since then.

The Court’s majority opinion, authored by Justice Rebecca Dallet and joined by Justices Ann Walsh Bradley, Jill Karofsky and Janet Protasiewicz, finds that the Legislature could not have passed laws regulating abortion access if the 1849 statute was believed to remain in effect.

“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 peoples’ representatives, remains free to change the laws with respect to abortion in the future. But the only way to give effect to what the Legislature has actually done over the last 50 years is to conclude that it impliedly repealed the 19th century near-total ban on abortion, and that [the statute] therefore does not prohibit abortion in the State of Wisconsin.”

Dallet wrote that when the Legislature passed laws restricting abortion under narrower circumstances, guiding “where, when and how” health care providers could perform an abortion and outlining how public money could fund abortion providers, it was repealing the 1849 law.

There is no doubt that the Republicans, who see women only as property and breeding chattel, will try to put an abortion ban back on the books, but for now, let's just celebrate the retoration off women's reproductive health care rights. With our country being under attack by those elected to lead us, it's good to know the bastards can still be beaten.

The Wisconsin Supreme Court just nuked an 1849 abortion ban. Women in the state still have rights, thanks to voters who flipped the court last year. Elections matter.

Will Smirk for Food (he/him) (@smirk4food.com) 2025-07-03T01:27:07.883Z

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