While the court just affirmed the right to abortion in the state, access to such care remains at risk.
Rights advocates celebrated Wednesday after the Wisconsin Supreme Court’s liberal majority struck down the state’s abortion ban from 1849, but campaigners also emphasized that threats to specific healthcare providers and reproductive freedom in general persist.
After the U.S. Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision nixed nationwide abortion rights, the Badger State’s anti-choice movement argued that the old ban, § 940.04(1), was back in effect. However, the Wisconsin top court concluded 4-3 that it is not, pointing to the state Legislature’s actions between Dobbs and Roe v. Wade in 1973.
“We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the ‘who, what, where, when, and, how’ of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion,” Justice Rebecca Frank Dallet wrote for the majority. “Accordingly, we hold that the legislature impliedly repealed § 940.04(1) as to abortion, and that § 940.04(1) therefore does not ban abortion in the state of Wisconsin.”
Planned Parenthood of Wisconsin initially stopped providing abortions due to uncertainty over the old ban but resumed care a few months after Dane County Judge Diane Schlipper ruled in July 2023 that “there is no such thing as an ‘1849 abortion ban’ in Wisconsin.” Joel Urmanski, Sheboygan County’s Republican district attorney, asked Schlipper to reconsider her decision, but she reaffirmed it that December. Urmanski then turned to the state’s top court, resulting in Wednesday’s ruling.
“Today’s ruling is another important step forward in protecting and expanding access to abortion in Wisconsin,” Planned Parenthood Advocates of Wisconsin said on social media. “Since the overturning of Roe, Planned Parenthood of Wisconsin has maintained that Wis. Stat. 940.04 could not be enforced against abortion providers. This final ruling again confirms this.”
“While we celebrate this ruling, there is more to be done. We will continue essential work to help protect and expand reproductive freedom in Wisconsin so that everyone who needs comprehensive reproductive healthcare in our state can get the nonjudgmental and compassionate care they deserve,” the group added, thanking Democratic Gov.
