The Wisconsin Supreme Court may soon rule to overturn the state’s 1849 abortion law.
During oral arguments yesterday, the court heard a challenge to whether the outdated law remains in effect.
The state’s attorney general argued that more recent abortion laws passed by state lawmakers have effectively superseded the 1849 statute.
However, the attorney representing Sheboygan County’s district attorney insisted that, in the absence of new legislation, the 1849 law is still valid.
Liberal Justice Jill Karofsky expressed concern that upholding the law would lead to significant harm, saying it would effectively “sign the death warrants” for women and children in Wisconsin.
The defense argued that the court’s duty is to interpret the law as it is written, not as it might be wished to be.