Wisconsin Supreme Court Rules: 1849 Law Doesn’t Ban Abortion – What This Means for You

Wisconsin’s Abortion Ruling: What It Means

Big news came out of Wisconsin recently: the state’s Supreme Court ruled that a controversial 1849 law does not ban abortion. This decision is a win for supporters of reproductive rights, especially after years of legal battles.

The law, which some believed made abortion illegal in the state, was challenged by Democratic Attorney General Josh Kaul shortly after the U.S. Supreme Court overturned Roe v. Wade in 2022. In December, a lower court concluded that the 1849 law is more about feticide—illegally harming a woman’s unborn child—rather than outright banning abortions. Because of this, abortions have continued in Wisconsin up to 20 weeks or more if needed for the health of the mother, based on a law from the 1980s.

On July 2, 2025, the Wisconsin Supreme Court’s ruling, passed by a 4-3 vote along party lines, decided that the 1849 law had effectively been nullified by recent state legislation on abortion. The majority opinion stated that the new laws comprehensively cover abortion regulations, rendering the old statute obsolete.

In contrast, Justice Annette Ziegler, in her dissent, argued that the majority was selectively enforcing the law, calling their reasoning a troubling judicial overreach.

This ruling may not be the end of the debate, however. Planned Parenthood of Wisconsin presented a separate challenge, questioning the law’s constitutionality. Bryna Godar, an attorney at the University of Wisconsin Law School, highlighted ongoing conversations about the state’s constitutional protections. As of now, only the Legislature can initiate amendments to the state constitution, which is currently divided between a Republican-controlled legislature and a Democratic governor. Thus, any push for further protections or bans seems unlikely in the near future.

Yet, with many state offices on the ballot in 2026, both sides are gearing up for a potential shift in political power, which might lead to more legislative action on abortion rights in Wisconsin.

In a recent survey, 58% of Wisconsin residents expressed support for legal access to abortion, signaling that public opinion strongly favors reproductive rights. Social media reactions show a wave of relief and celebration among supporters, with many taking to platforms like Twitter and Instagram to express their joy over the ruling.

For now, Wisconsin has a crucial decision on its hands, as the future of reproductive rights in the state hangs in the balance. The full implications of this ruling will continue to unfold, influencing not just the legal landscape but also how residents engage with these vital issues moving forward.

Source link