The judicial branch is busier than ever. Game-changing rulings are being handed down everyday.
And now Trump supporters have just been handed a devastating loss at the Supreme Court level.
Wisconsin Supreme Court Strikes Down 1849 Abortion Ban, Dealing Blow to Pro-Life Cause
In a 4-3 decision on Wednesday, the Wisconsin Supreme Court struck down an 1849 abortion ban, a historic law that had protected unborn life by criminalizing nearly all abortions. The ruling, which upholds a lower court decision, reinstates a more recent state law allowing abortions up to 20 weeks, marking a significant setback for pro-life advocates who sought to maintain stringent protections for the unborn.
The court’s liberal majority, voting along ideological lines, invalidated the 176-year-old statute, which had classified abortion as a felony with penalties of up to six years in prison and substantial fines for doctors. Enacted a year after Wisconsin’s statehood, the 1849 law permitted abortions to save a mother’s life.
“We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the ‘who, what, where, when, and how’ of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion,” liberal Justice Rebecca Dallet wrote in the majority opinion. “Accordingly, we hold that the legislature impliedly repealed [the 1849 ban] to abortion, and that [that law] therefore does not ban abortion in the State of Wisconsin.”
The decision is a devastating loss for pro-life supporters, who view the 1849 ban as a cornerstone of protecting the sanctity of life. The ruling allows abortions under less restrictive regulations, undermining efforts to limit the procedure and prioritize the rights of the unborn in Wisconsin’s legal framework.
The 1849 ban’s brief reinstatement in 2022, triggered by the U.S. Supreme Court’s decision to overturn Roe v. Wade, had halted abortion services statewide as Planned Parenthood suspended operations. The law’s enforcement sent a clear message about the state’s historical commitment to unborn life, but its abrupt return left providers facing severe legal risks, creating uncertainty for expectant mothers.
Democratic Gov. Tony Evers and Attorney General Josh Kaul, both re-elected in 2022, challenged the 1849 law, arguing that more recent legislation had rendered it obsolete. Their refusal to enforce the ban signaled a shift away from pro-life principles, prioritizing abortion access over the protection of the unborn, a stance that drew criticism from pro-life groups.
In July 2023, a state judge ruled that the 1849 law applied only to non-consensual acts intended to harm a woman’s unborn child, not medical abortions performed with consent. This decision allowed abortion providers to resume services in September 2023, eroding the protections for the unborn that the 1849 law had upheld for over a century.
Sheboygan County District Attorney Joel Urmanski, supported by pro-life organizations and Republican attorneys, appealed the ruling, arguing for the reinstatement of the 1849 ban to preserve its robust defense of unborn life. Their efforts brought the case to the Wisconsin Supreme Court, where Wednesday’s decision rejected their arguments, further weakening the pro-life position.
The ruling stems from the state Supreme Court’s ideological shift following the 2023 election of progressive Justice Janet Protasiewicz, which gave liberals a majority for the first time in 15 years. Her campaign’s focus on expanding abortion access directly influenced the court’s direction, leading to decisions that pro-life advocates argue devalue the lives of the unborn.
The abortion issue also shaped this year’s state Supreme Court race, where Susan Crawford’s victory secured the liberal majority. Crawford, set to join the court next month, did not participate in Wednesday’s ruling but is likely to support future decisions that further challenge pro-life efforts to protect the unborn.
A separate Planned Parenthood lawsuit seeks to establish a constitutional right to abortion in Wisconsin. With arguments pending, Wednesday’s ruling suggests the court may lean toward expanding abortion access, a prospect that alarms pro-life advocates who fear further erosion of protections for the unborn.
The decision allows clinics to continue providing abortions under less restrictive regulations, a move pro-life supporters say prioritizes convenience over the moral imperative to protect life from conception. The ruling leaves Wisconsin’s unborn children vulnerable under laws that permit abortions up to 20 weeks.
The pro-life movement faces another challenge in 2026, as Conservative Justice Rebecca Bradley’s decision not to seek re-election opens the door to another contentious state Supreme Court race. Pro-life advocates are bracing for a costly battle to elect a candidate who will champion the rights of the unborn.
With state Supreme Court elections scheduled from 2026 to 2030, the issue will remain a focal point in the state’s judicial and political landscape. Wednesday’s ruling represents a significant setback for Wisconsin’s pro-life movement, overturning a law that had long stood as a testament to the sanctity of life.
