Wisconsin attorney argues 175-year-old abortion ban validity to state Supreme Court
An attorney for a Wisconsin prosecutor recently made a passionate case to reinstate a 175-year-old abortion ban to the state’s Supreme Court. This move comes more than two years after the U.S. Supreme Court overturned Roe v. Wade, effectively giving states the power to allow, limit, or ban abortion altogether.
In December, Sheboygan County District Attorney Joel Urmanski appealed a Dane County judge’s ruling that stated there is no longer a state ban on abortions, invalidating the long-standing 1849 abortion ban. The hearing on Monday was a pivotal moment in the ongoing legal battle, with both sides presenting their arguments to the court.
During the two-hour hearing, the attorney representing Urmanski, Matthew Thome, argued that the legal theory of new laws repealing old ones is flawed. He emphasized that the ban and newer restrictions on abortion can exist simultaneously, and that a ruling stating otherwise would be “anti-democratic.”
However, liberal justices on the court expressed concerns about the potential implications of reinstating the ban. Justice Janet Protasiewicz, who has publicly supported abortion rights, raised questions about the lack of exceptions for rape or incest in the 1849 law. Justice Jill Karofsky also highlighted the possibility that doctors may refuse to provide necessary medical care if the ban is reactivated.
The state’s ban on abortion from 1849 remained in effect until 1973, when Roe v. Wade established the right to abortion nationwide. Following the U.S. Supreme Court’s decision in the Dobbs case in 2022, states were granted the authority to determine their own abortion laws.
Wisconsin Attorney General Josh Kaul previously filed a lawsuit challenging the ban, arguing that a 1985 state law allowing abortions before a fetus can survive outside the womb supersedes the older ban. However, Urmanski contends that the ban was never officially repealed and can coexist with the 1985 law.
The outcome of this case will have significant implications for abortion rights in Wisconsin and potentially beyond. As the court deliberates on this complex legal issue, both sides are awaiting a decision that could shape the future of reproductive rights in the state.
The Associated Press contributed to this report. Greg Wehner is a breaking news reporter for Fox News Digital. Story tips and ideas can be sent to Greg.Wehner@Fox.com and on Twitter @GregWehner.
