GREEN BAY, Wis. (WFRV) – The Wisconsin Supreme Court ruled Wednesday that the state’s 175-year-old abortion law is not enforceable, effectively striking down what had been widely viewed as a near-total abortion ban.
In a 4-3 decision, the court determined that the 1849 statute — which made it a felony to perform an abortion except to save the life of the pregnant person — does not apply to consensual abortion procedures. Instead, the justices ruled that the law targets feticide, or the act of attacking a pregnant person and harming or killing a fetus.
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The ruling clears the way for legal abortion care to continue in Wisconsin, following nearly a year and a half of legal uncertainty. Clinics across the state had stopped performing abortions in June 2022 after the U.S. Supreme Court overturned Roe v. Wade. Abortions resumed in Wisconsin in September 2023, after a Dane County judge interpreted the 1849 law as not applying to voluntary abortion procedures.
“This ruling marks a major victory for reproductive freedom following the uncertainty and harm to women’s health caused by the overturning of Roe,” said Wisconsin Attorney General Josh Kaul, who filed the lawsuit challenging the law three years ago.
Kaul said the ruling provides clarity but emphasized that the state legislature must act to protect reproductive rights over the long term.
Supporters of abortion access praised the court’s decision.
“Abortion is and remains available in Wisconsin,” said Michelle Velasquez, chief strategy officer for Planned Parenthood of Wisconsin. “We are relieved and grateful that the court has recognized what patients, providers, and communities have known all along.”
Opponents of abortion rights, however, criticized the ruling. Wisconsin Right to Life, the state’s largest anti-abortion group, said the court ignored a law that remains on the books.
“There’s no specific law that repealed it, and yet they’re saying it’s not enforceable,” said Heather Weininger, executive director of Wisconsin Right to Life. “We are disappointed because lives are on the line.”
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Weininger said her organization will continue to push for legislation that restores protections for the unborn and provides support for women facing unplanned pregnancies.
While Wednesday’s ruling affirms the legality of abortion care in Wisconsin, both sides agree the broader debate over reproductive rights is far from over — particularly as the state heads into a heated election season.
