The Wisconsin Supreme Court is set to hear oral arguments on Monday regarding the enforcement of a law dating back to 1849 that banned abortion in the state. The law, passed more than a decade before the Civil War, prohibited the killing of a fetus except to save the mother's life, with penalties for those who violated it.
Abortion-rights advocates are optimistic about the outcome, as the court is currently controlled by liberal justices who are known to support abortion rights. The arguments scheduled for Monday are seen as a formality before a ruling is issued, which is expected to come in the following weeks.
While the U.S. Supreme Court's Roe v. Wade decision in 1973 legalized abortion nationwide and nullified the Wisconsin ban, the state legislators never officially repealed the law. With the recent overturning of Roe v. Wade, conservatives have argued that the Wisconsin ban could be enforced once again.
The current legal battle stems from a lawsuit filed by the Democratic Attorney General challenging the 1849 ban. The Attorney General argues that a more recent 1985 Wisconsin law allowing abortions before a fetus can survive outside the womb supersedes the older ban. On the other hand, a Republican district attorney contends that the 1849 ban should still be enforceable alongside existing abortion restrictions.
A lower court ruling last year interpreted the 1849 ban as outlawing feticide but not consensual abortions, leading to Planned Parenthood resuming abortion services in Wisconsin. The case has now made its way to the state Supreme Court, where the justices are divided along ideological lines.
While the conservative justices advocate for upholding the ban, the liberal majority, including Justice Janet Protasiewicz, who openly supports abortion rights, is expected to rule in favor of abortion access. The court is also set to consider a separate lawsuit regarding the constitutional right to abortion in the state.
As the legal battle unfolds, the future of abortion rights in Wisconsin hangs in the balance, with the state Supreme Court poised to make a significant decision on the enforcement of the historic 1849 abortion ban.
