Wisconsin court decides abortion case that led to most expensive judicial election
The Wisconsin Supreme Court made a historic decision on Wednesday by voting 4-3 to strike down a near-total state abortion ban that had been in place for 176 years. This decision highlighted a clear divide between the newly elected liberal majority and the conservative justices on the court.
The 1849 abortion law, which made it a felony to perform abortions in Wisconsin, was invalidated by the liberal justices who cited more recent precedent, including a 1985 statute that allowed for abortions up to the point of fetal viability. Justice Rebecca Dallet, writing for the majority, argued that the comprehensive legislation enacted over the last 50 years regulating abortion in detail had effectively replaced the outdated ban.
In a dissenting opinion, conservative Justice Annette Ziegler criticized the ruling as a \”jaw-dropping exercise of judicial will\” and accused the liberal justices of ruling based on personal preferences rather than legal principles.
The resurgence of the 1849 law came in 2022 after the U.S. Supreme Court overturned Roe v. Wade, triggering its enforcement in Wisconsin. While the law was not actively enforced in recent years, some Republicans had pushed for its revival, prompting opponents to advocate for its removal.
The decision by the Wisconsin Supreme Court puts an end to any possibility of the law being revived and underscores the impact of the liberal majority on the bench. The 2023 state Supreme Court election, which saw the liberals regain the majority for the first time in 15 years, was the most expensive judicial race in U.S. history, with over $100 million in donations.
Susan Crawford, who defeated conservative candidate Brad Schimel in the closely watched race, was backed by prominent figures like former President Barack Obama and Elon Musk. Musk, who donated $3 million to the Wisconsin Republican Party, also had his super PACs spend over $17 million on Schimel’s behalf.
Wisconsin Governor Tony Evers lauded the Supreme Court’s decision as a victory for women, families, and healthcare professionals in the state. He emphasized the importance of reproductive freedom and the right for individuals to make healthcare decisions that are best for them.
The ruling marks a significant moment in Wisconsin’s legal landscape and sets a precedent for future cases involving reproductive rights. The state’s Supreme Court has solidified its stance on abortion laws, reflecting the changing dynamics of the judiciary and the impact of high-stakes judicial elections.
