The Wisconsin Supreme Court affirmed that the 1849 law does not prohibit abortions, which permits the procedure to continue in the state. This decision concludes a long-standing legal battle that began following the U.S. Supreme Court's overturning of Roe v. Wade in 2022, leaving Wisconsin in a challenging legal position concerning abortion. The law had halted abortion services until a trial court ruled it was a feticide law instead. Subsequently, abortions can now be conducted up to 20 weeks or beyond to protect maternal health.
The Wisconsin Supreme Court ruled that the 1849 abortion law does not ban abortions, allowing the procedure to continue in the state, following years of litigation.
The court's decision signifies a culmination of events that started after the overturning of Roe v. Wade in 2022, leading Wisconsin to a legal gray area regarding abortion.
A trial court found that Wisconsin's 1849 law actually pertains to feticide, making it illegal to attack and kill a woman's child without her consent.
After the trial court's ruling, abortions can be performed in Wisconsin up to 20 weeks or beyond, if necessary to protect the health or life of the mother.
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