Wisconsin Supreme Court strikes down long-standing abortion ban

In Wisconsin, on July 2, 2025, the state Supreme Court, with a 4-3 liberal majority, issued a landmark decision striking down an abortion ban that had existed since 1849. The ruling effectively invalidated a law that criminalized nearly all abortions and had not been officially repealed by state lawmakers after being dormant for decades. Following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, there was significant legal uncertainty surrounding abortion rights in Wisconsin, prompting litigation regarding the 1849 law's applicability. Wisconsin Attorney General Josh Kaul had initiated a lawsuit asserting that subsequent abortion laws enacted during the Roe years superseded the archaic ban, specifically referencing a 1985 law permitting abortions until fetal viability, which is generally around 20-21 weeks gestation. The Dane County Circuit Court had previously ruled that the 1849 law did not apply to consensual abortions but targeted feticide, enabling some legal access to abortion services since that decision. This new ruling from the Supreme Court has now clarified that voluntary abortions remain protected under state law, providing a more stable legal framework for providers and patients alike. Justice Rebecca Dallet, writing for the majority, concluded that the comprehensive legislation passed over the last 50 years effectively repealed the 19th-century ban. In a dissenting opinion, conservative Justice Annette Ziegler criticized the ruling as an overreach of judicial authority, contending that it disregarded the legislative branch's role. The ruling has been met with both celebration from reproductive rights advocates and condemnation from anti-abortion advocates and conservatives, who see it as a challenge to priority rights concerning the sanctity of life. Continued legal and political discussions are anticipated, particularly as the state remains divided between a Republican-controlled legislature and a Democratic governor, making any legislative efforts for stricter abortion laws uncertain. The outcome reflects the broader political implications of recent elections in which the Supreme Court's ideological balance shifted toward a more liberal stance. Observers expect further debates on abortion laws as the state might confront upcoming legal and constitutional questions regarding reproductive rights.