The new motion says no further oral arguments are needed for the court to make a final judgment that the 19th century law is about feticide and does not criminalize abortion.
A Dane County judge’s order indicates the 19th century statue is preempted by state laws written while Roe v. Wade was in effect and that a lawsuit against the state’s 1849 abortion ban may proceed.
Women have suffered through ectopic pregnancies, miscarriages, fetal anomalies, and other complications, but have found it difficult to get the care they need due to restrictive abortion bans.
At Issue: Is a 174-year old law really in effect right now, or is Wisconsin actually governed by a 1985 law that protects abortion rights to around 24 weeks? Until the courts decide, women’s healthcare is in a dangerous and legally-murky area.
The 5th Circuit’s ruling maintains mifepristone’s availability for now, but severely limits access in ways that could harm patients seeking abortion care.