Wisconsin’s 173-year-old abortion ban outlaws killing fetuses but doesn’t apply to consensual medical abortions, a judge ruled Friday in allowing a lawsuit challenging the ban to continue in the perennial battleground state.
Dane County Wis. Judge Diane Schlipper makes remarks during a case being argued by the State of Wisconsin which challenges a 174-year-old feticide law at the Dane County Courthouse in Madison, Wis. Thursday, May 4, 2023. On Friday, Schlipper refused to toss out a lawsuit challenging Wisconsin's 174-year-old abortion ban, keeping the case inching toward the state Supreme Court in a state where debate over abortion rights has taken center stage.
The state’s Democratic attorney general, Josh Kaul, has vowed to restore abortion access. He filed a lawsuit in Dane County days after Roe v. Wade was overturned, seeking to repeal the ban. Urmanski maintained that it’s a stretch to argue that the ban is so old it can no longer be enforced and that the 1985 law and the ban complement each other. Since the newer law outlaws abortions post-viability, it simply gives prosecutors another charging option, he contends.
That means the doctor plaintiffs could ultimately win a declaration that they can’t be prosecuted for performing abortions and hence the case should continue, Schlipper wrote.Andrew Phillips and Jacob Curtis, two of Urmanski’s attorneys, didn’t immediately respond to emails seeking comment on the decision.
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