Wisconsin’s Supreme Court has struck down one of the country’s oldest abortion bans, a major win for reproductive rights in a state where access has been under legal threat for years.
In a 4–3 decision released July 2, the court’s liberal majority ruled that the 1849 statute banning nearly all abortions is no longer enforceable. Writing for the majority, Justice Rebecca Dallet said that more recent abortion laws passed by the Wisconsin Legislature “completely conflict” with the older ban and have effectively replaced it.
The 1849 law had been on the books for over 170 years and made it a felony for doctors to perform abortions unless the pregnant person’s life was in danger. It hadn’t been enforced in decades until the overturning of Roe v. Wade in 2022. After the Dobbs decision, abortion providers in Wisconsin paused services out of fear they could be prosecuted under the old statute. While a lower court judge later found the law only applied to “feticide” in cases of violence against pregnant people, the legal uncertainty remained until this ruling.
With the ban now struck down, abortion is once again legal in Wisconsin up to the point of fetal viability, typically around 20 weeks. The ruling also allows providers to continue offering care without fear of criminal charges, marking a shift after years of confusion and legal uncertainty.
The lawsuit was brought by Attorney General Josh Kaul, who argued that newer abortion laws, including a 1985 statute regulating abortions after viability, made the 1849 ban obsolete. The court agreed. Dallet wrote that enforcing both laws at once would be “completely contradictory.”
Planned Parenthood of Wisconsin, which resumed abortion care last year following the lower court ruling, welcomed the decision. In a statement, President and CEO Tanya Atkinson called it “fuel for our work,” and said the organization would keep fighting to expand access across the state.
This victory is also a reflection of the power of judicial elections. In 2023, Wisconsin voters elected Justice Janet Protasiewicz to the state Supreme Court, flipping its ideological balance for the first time in 15 years. She campaigned openly in favor of abortion rights. Her election gave liberals a majority on the court, which ultimately made this ruling possible.
While conservative justices dissented, accusing the majority of judicial activism, the decision was long overdue. It provides relief and direction in a state where legal confusion has jeopardized patient care for years.
Amid a national landscape where abortion access continues to erode, Wisconsin’s decision stands out. It proves that targeted legal challenges, paired with electoral engagement, can lead to lasting change. The fight is far from over, but this ruling is a crucial step forward.