A regulation from 1849 doesn’t ban abortion in Wisconsin. That is what the state Supreme Court docket determined Wednesday.
AILSA CHANG, HOST:
In Wisconsin at the moment, the state Supreme Court docket struck down a ban on virtually all abortions that was greater than a century previous. The Democratic legal professional common in Wisconsin, Josh Kaul, had introduced the case. Right here he’s reacting to the ruling.
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JOSH KAUL: Immediately’s ruling marks a serious victory for reproductive freedom, following the uncertainty and hurt to ladies’s well being which have resulted from the overturning of Roe v. Wade.
CHANG: Sarah Lehr of Wisconsin Public Radio joins us now from Madison to speak via all of this. Hello, Sarah.
SARAH LEHR, BYLINE: Hi there.
CHANG: OK, so inform us extra about what the court docket determined at the moment.
LEHR: The court docket dominated {that a} regulation handed earlier than the Civil Warfare is not in impact. That regulation banned all abortions, besides these carried out to avoid wasting a pregnant lady’s life. You talked about Legal professional Common Kaul earlier. He introduced this lawsuit simply days after the Dobbs ruling as a result of Wisconsin was in a authorized grey space, and he was involved about abortion suppliers being prosecuted underneath this long-dormant abortion ban. Immediately, the court docket’s liberal majority mentioned legal guidelines handed extra just lately principally overwrote the nineteenth century ban. So which means abortion is authorized right here in Wisconsin till 20 weeks of being pregnant.
CHANG: OK, so what kind of reactions are you listening to, like, from individuals within the state who’re towards abortion rights?
LEHR: Yeah, Republicans and anti-abortion advocates have accused liberal justices of judicial activism. The bulk chief in Wisconsin Senate, a Republican named Devin LeMahieu, was one of many critics.
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DEVIN LEMAHIEU: It seems that as soon as once more, the state Supreme Court docket liberals form of went rogue and overturned legislative energy.
LEHR: The court docket has had a liberal majority since mid-2023, so this consequence was anticipated by many. Only for some background, the final two elections for the state Supreme Court docket right here have been the costliest judicial races ever in U.S. historical past, and abortion rights had been a giant speaking level in each of these elections.
CHANG: Yeah. Are you able to speak extra about what abortion entry is like in Wisconsin proper now? Like, does this ruling substantively change something?
LEHR: Effectively, advocates for abortion rights are celebrating this ruling as a result of it does present readability. However in a way, it additionally simply preserves the established order. When Dobbs got here down three years in the past, suppliers right here stopped providing elective abortions. However within the fall of 2023, clinics as soon as once more had been providing abortions right here due to a decrease court docket determination within the legal professional common’s favor. Immediately’s determination affirms that decrease court docket determination. It is also value noting that there is different restrictions on abortion nonetheless in impact in Wisconsin. There is a obligatory ultrasound regulation and a 24-hour ready interval.
CHANG: That’s Wisconsin Public Radio’s Sarah Lehr. Thanks, Sarah.
LEHR: Thanks for having me.
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