Wisconsin's 173-year-old abortion ban outlaws killing fetuses but doesn't apply to consensual medic

I am late in seeing this ruling.


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.

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Wisconsin judge: Lawsuit to repeal abortion ban can continue
By TODD RICHMOND
Published 1:17 PM CDT, July 7, 2023


MADISON, Wis. (AP) — 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 Circuit Judge Diane Schlipper said the legal language in the ban doesn’t use the term “abortion” so the law only prohibits attacking a woman in an attempt to kill her unborn child.

“There is no such thing as an `1849 Abortion Ban` in Wisconsin,” the judge wrote.

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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.

Kaul argues that the ban is too old to enforce and that a 1985 law that permits abortions before a fetus can survive outside the womb supersedes the ban. Three doctors later joined the lawsuit as plaintiffs, saying they fear being prosecuted for performing abortions. .................

https://apnews.com/article/abortion-wisconsin-ban-challenge-lawsuit-866eed85d2918113bfe644459e62171a