A Dane County judge has ruled that an 1849 Wisconsin law banning abortion, that went into effect when the Supreme Court overturned Roe v. Wade last year, does not create a ban on abortion.
Attorney General Josh Kaul said Judge Diane Schlipper’s ruling on Friday is a “significant and positive development” in a lawsuit challenging the ban the Republican-controlled Legislature passed after Roe was overturned. Schlipper ruled that the 1849 law creates a ban on feticide, under a 1994 Wisconsin Supreme Court case.
The judge wrote that her ruling is not final, indicating the case will likely go to the state Supreme Court.
