The debate surrounding Wisconsin’s 175-year-old abortion ban has escalated to the state’s highest court, with clashing ideologies and interpretations of the law taking center stage. During a recent session, conservative attorney Matthew Thome, representing Sheboygan County’s District Attorney Joel Urmanski, faced significant pushback from the Wisconsin Supreme Court’s liberal justices. Thome’s pursuit to revive the pre-Civil War era ban has sparked contention and a stern reprimand from justices who see the move as a potential threat to women’s health and rights.
According to
NBC Chicago
, Justice Rebecca Dallet chastised the attempt to uphold an antiquated law, stating that it was “1849 by white men who held all the power”, thereby calling into question the relevance of such a statute in today’s society. Her peer, Justice Jill Karofsky, highlighted the lack of exceptions for rape or incest within the ban, expressing concerns over the possible consequences, reportedly saying, “he was essentially asking the court to sign a “death warrant” for women and children in Wisconsin.”
The legal tussle is rooted in the tentative resurrection of the dormant ban following the dramatic overturning of Roe v. Wade. Although the Wisconsin legislature never formally repealed the 1849 ban, a 1985 state law limiting abortions post-fetal viability was thought to supersede it. Nonetheless, the current conservative argument posits that this and other modern restrictions do not legalize abortion, creating a complex legal landscape that the Wisconsin Supreme Court must navigate.
AP News
indicates that the likelihood of the court, currently led by liberal justices, ruling in favor of reactivating the ban appears slim. However, the decision remains pending, with an anticipation of weeks before the court hands down its verdict. The implications of any ruling are sure to extend beyond the courtroom, potentially impacting the healthcare options available for Wisconsin’s women.
While the state Supreme Court has not yet scheduled oral arguments for Planned Parenthood of Wisconsin’s separate lawsuit, which pleads for the court to rule on the existence of a constitutional right to abortion within the state, it seems one thing is clear: Wisconsin remains embroiled in a debate that tugs at the fabric of societal values, testing the balance between historical precedents and contemporary human rights.
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