Women’s marches demanding the protection of abortion rights are set to draw thousands of people to the streets on Sunday — the 50th anniversary of Roe v. Wade, the 1973 Supreme Court decision for abortion rights that was overturned by the court last June.
In the absence of Roe v. Wade’s federal protections, abortion rights have become a state-by-state patchwork. In some states, officials have grappled with laws banning abortion that dated from the 1800s and were still on the books.
In Wisconsin, abortion clinics are facing legal questions over whether an 1849 law banning the procedure is in effect. The law, which prohibits abortion except to save the patient’s life, is being challenged in court. Wisconsin Attorney General Josh Kaul, with the support of Democratic Gov. Tony Evers, filed the challenge to the 1849 ban in June in Dane County, where Madison is located, arguing that it is too old to enforce. Both sides have been trading briefs since and it’s unclear when a ruling may come, but the case looks destined to land at the state Supreme Court.
Wisconsin’s conservative-controlled state Supreme Court, which for decades has issued consequential rulings in favor of Republicans, is likely to hear the case. Races for the court are officially nonpartisan, but candidates for years have aligned with either conservatives or liberals as the contests have become expensive partisan battles.
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