US Wisconsin court strikes down state’s 19th century abortion ban
The ruling leaves in place a 2015 Wisconsin law that bans abortion after 20 weeks
Wisconsin’s top state court on Wednesday said an 1849 state law banning abortion in virtually all cases cannot be enforced, rejecting claims that it was revived after a landmark US Supreme Court ruling three years ago.
Wednesday’s decision, which affirms a lower court, leaves in place a 2015 Wisconsin law that bans abortion after 20 weeks.
The Wisconsin Supreme Court in a 4-3 decision agreed with the state’s Democratic Attorney General, Josh Kaul, that while the 19th century law has never been formally repealed, it was effectively nullified by more recent laws and regulations.
In 2022, shortly after the US Supreme Court overturned Roe v. Wade, which had recognised a constitutional right to abortion, Kaul sued a Republican district lawyer who argued that the 1849 law was back in effect and could be enforced.
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