Wisconsin Supreme Court’s liberal majority strikes down 176-year-old abortion ban
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Wisconsin Supreme Court Strikes Down 1849 Abortion Ban
Above: Wisconsin Attorney General Josh Kaul on July 23, 2024. Image copyright: Daniel Steinle/Bloomberg via Getty Images
The Spin
Democratic narrative
This is a monumental victory for women, families, and healthcare professionals who want to provide the best treatments for their patients. Obviously, 50 years of comprehensive abortion legislation effectively replaced the archaic 1849 ban. Wisconsin voters support abortion rights and this is a win for the basic freedoms of all Wisconsinites.
Republican narrative
This is judicial activism at its worst, as the court has invalidated a law that has been on the books since 1849 without any legislative action from the people's elected officials to repeal it. This isn't in line with the U.S. Supreme Court's Dobbs decision, which returned abortion authority to voters and their representatives, not to state courts.