Wisconsin Supreme Court Overturns 1849 Abortion Ban

Reproductive rights activists in Wisconsin celebrated a win after the state Supreme Court repealed a 19th-century abortion ban.
What Brad Schimel’s election to the Wisconsin Supreme Court could mean for abortion rights

Article Summary –

The Wisconsin Supreme Court repealed an 1849 abortion ban, making abortion legal in the state up to 20 weeks, a decision celebrated by reproductive rights activists. However, this victory is overshadowed by President Trump’s signing of a federal bill that significantly cuts Medicaid funding and may defund Planned Parenthood clinics, affecting millions of Americans’ access to healthcare. Ali Muldrow, executive director of the Wisconsin Abortion Fund, highlights the negative impact these cuts will have on healthcare access and bodily autonomy, as Medicaid supports a significant portion of healthcare services in Wisconsin.


Wisconsin Supreme Court Abortion Ruling

After a lengthy three-year legal battle, reproductive rights activists in Wisconsin celebrated a pivotal victory as the state Supreme Court repealed a 19th-century law that had been interpreted as an abortion ban.

Wisconsin’s 1849 statute initially stated that intentionally ending an unborn child’s life was a Class H felony. This statute was unenforceable nationwide until the U.S. Supreme Court overturned Roe v. Wade in June 2022.

The decision followed a 2022 lawsuit by Wisconsin Democratic Attorney General Josh Kaul. In 2023, Judge Diane Schlipper ruled that the law addressed feticide not abortion. Republican DA Joel Urmanski later petitioned for a high court review of this decision, which the Supreme Court accepted.

Following eight months of deliberations, on July 2, the court’s liberal majority nullified the 1849 statute through a 4-3 decision, asserting that new legislation had implicitly repealed it, thereby legalizing abortion in Wisconsin up to 20 weeks of pregnancy.

Two days after this ruling, President Donald Trump signed the One Big Beautiful Bill Act into law, potentially reducing federal Medicaid funding, impacting Planned Parenthood clinics nationwide.

Ali Muldrow, Executive Director of the Wisconsin Abortion Fund, expressed concerns over federal cuts. She mentioned that this could lead to significant loss of healthcare access, especially impacting Wisconsin’s Planned Parenthood clinics, which rely on Medicaid for 54% of their revenue, according to a 2023 report.

Muldrow shared her personal experience with Planned Parenthood, emphasizing how legislative obstacles can hinder access to necessary health services. She reflected on federal measures potentially defunding nearly 200 clinics, arguing it limits abortion services and bodily autonomy.

In Wisconsin, where 1,278,000 individuals rely on Medicaid, the KFF reports that hospitals only receive 62% of the cost for treating Medicaid patients. Eric Borgerding of the Wisconsin Hospital Association noted that the bill creates disparities in Medicaid funding, placing Wisconsin at a disadvantage.

A poll revealed 74% of Wisconsin voters support abortion access, with 69% backing Planned Parenthood. Muldrow criticized the spending package for prioritizing wealthy interests over public needs, advocating for a government that serves all citizens.


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