Скачать или смотреть Judge rules Wisconsin's 1849 law does not ban abortions, setting stage for Supreme Court case

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Judge rules Wisconsin's 1849 law does not ban abortion, setting the stage for Supreme Court case MADISON — A 174-year-old law that was thought to ban abortion in Wisconsin does not actually do so, a Dane County judge ruled Tuesday. “The Court declares that Wis. Stat. § 940.04 does not prohibit abortion,” Dane County Circuit Judge Diane Schlipper wrote. Schlipper ruled that the law in question, written in 1849, applied to feticide, not abortion. A consensual abortion is sought by a pregnant woman who voluntarily decides to terminate her pregnancy. Schlipper's decision is based on 1994 state Supreme Court decision that determined that feticide is a nonconsensual act in which someone beats woman until she loses her pregnancy. With the 1849 law no longer in effect, Wisconsin is returning to pre-Dobbs abortion laws, which banned abortions after 20 weeks of "possible conception." Michelle Velasquez, chief strategy officer at Planned Parenthood of Wisconsin, called the decision “an important step forward in restoring and expanding access to abortion in Wisconsin.” Green Bay Obstetrician Dr. “This decision we were hoping for, it decision we know right, and it hopefully what will restore access to full range of reproductive care for women across state,” Kristin Lyerly said. and the former Democratic State Assembly candidate who intervened in the case and was featured prominently in Schlipper's decision. Attorney General Josh Kaul and Gov. They filed the lawsuit shortly after Wade overturned his decision. The court's 2022 decision in Dobbs v. Jackson Women's Health Services effectively reinstated the state's original abortion law. The 1849 law, enacted more than a century before Roe decision, prohibits doctors from performing abortions in all cases except when the mother would die without procedure. Doctors face up to six years in prison and a $10,000 fine for felonies if they violate the law. Kaul argued in case that the 1849 law, Roe v. He argued that it had been invalidated by abortion laws passed since Wade decision. Anti-abortion advocates and lawyers for Republican lawmakers disagreed, arguing that the original law was still in effect. In July, Schlipper denied a motion dismiss case from defendant Sheboygan District Attorney Joel Urmanski, who argued that Kaul asked a judge to uphold the duties of lawmakers and ignored fact that lawmakers had first pushed repeal abortion. Following Schlipper's order in July, the state's largest abortion provider, Planned Parenthood of Wisconsin, resumed services. Kaul said in his statement "Freedom wins. Equality wins. Women's health wins." Gracie Skogman, Wisconsin Right to Life legislative director, said the decision was “truly disappointing for all Wisconsinites,” and Pro-Life Wisconsin legislative director Matt Sande called it “an extraordinary leap in logic.” Sande said his group was hopeful the decision would be "appealed immediately." "A law that was in place before the flawed Roe decision is now a law that p