A lawsuit challenging the 1849 law may continue, the judge ruled.
MADISON, Wis. — 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.Wisconsin lawmakers enacted statutes in 1849 that have until now been widely interpreted as outlawing abortion in all cases except to save the mother’s life. The U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion nullified the ban, but legislators never repealed it.
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