There are three key cases that could soon be decided by the new, liberal-controlled state Supreme Court, with fallout that could have significant consequences for Wisconsinites.
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.
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.