A 176-year-old abortion law in Wisconsin was overturned Wednesday by a 4-3 ruling from the state’s Supreme Court, where a newly elected liberal majority cast the deciding votes. The decision marks a major political shift with implications far beyond the state.
Key Facts:
- Wisconsin’s Supreme Court overturned an 1849 law that banned nearly all abortions, including in cases of rape or incest.
- The 4-3 ruling was split along ideological lines, with liberal justices in the majority and conservatives dissenting.
- Justice Rebecca Dallet wrote the majority opinion, citing more recent abortion legislation from 1985 as superseding the 1849 law.
- The state Supreme Court flipped to a liberal majority in 2023 after a record-breaking $100 million judicial race.
- Wisconsin Gov. Tony Evers and Democrats celebrated the decision as a victory for reproductive rights.
The Rest of The Story:
The Wisconsin Supreme Court’s liberal majority ruled 4-3 to invalidate the state’s 1849 abortion ban.
This law had made it a felony to perform an abortion—even in cases involving the mother’s health—with no exceptions for rape or incest.
Justice Rebecca Dallet, writing for the majority, stated that more recent legislation had effectively replaced the old law.
“We hold that the legislature impliedly repealed [the 1849 ban],” she wrote, pointing to a 1985 statute that allowed abortions up to about 20 weeks.
In dissent, Justice Annette Ziegler called the move “a jaw-dropping exercise of judicial will,” accusing her colleagues of substituting personal preference for the rule of law.
The legal battle gained urgency after the U.S. Supreme Court overturned Roe v. Wade in 2022.
That ruling revived Wisconsin’s dormant 1849 law until this week’s decision put it to rest.
Commentary:
This is a devastating loss for pro-life advocates in Wisconsin and a prime example of why judicial elections matter.
The court’s decision wasn’t just a legal interpretation—it reflected the personal values of the justices, made clear by the ideological 4-3 split.
A 176-year-old law, left untouched for generations, was struck down by a single vote.
That vote came from a newly elected liberal majority, seated after the most expensive judicial race in American history.
The ruling appears to signal that precedent no longer matters when justices have the power—and the motive—to reshape policy from the bench.
Justice Ziegler’s dissent cuts to the heart of the issue.
Calling the ruling “judicial will” rather than judicial review, she rightly warned of the consequences when courts override longstanding laws in favor of modern political beliefs.
The pro-life movement had hoped that the overturning of Roe v. Wade would return this issue to the states.
But in Wisconsin, it appears the courts have taken that power away from voters and handed it to a slim judicial majority.
This should be a wake-up call for those who care about the sanctity of life.
Elections have consequences.
Every judicial seat matters.
When billionaires, former presidents, and political machines pour millions into court races, they’re not just funding candidates—they’re shaping law.
What happened in Wisconsin could happen elsewhere.
If one state’s high court can rewrite 176 years of law in a single decision, no precedent is safe.
The Bottom Line:
The Wisconsin Supreme Court overturned a 176-year-old abortion ban in a 4-3 decision that split the court along partisan lines.
This ruling follows a hotly contested, record-breaking judicial election in 2023 that tipped the court to a liberal majority.
Pro-life advocates are calling this a major setback, especially after Roe v. Wade was overturned.
It’s a stark reminder of how much power state courts hold—and how critical every election truly is.
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