athomegift.blogg.se

The law doesn’t apply to consensual medical abortions because it doesn’t use the word “abortion.” Therefore, a doctor who performs an abortion is criminally liable only if the fetus was viable under the 1985 law, she wrote.

Schlipper explained in a written ruling denying Urmanski’s dismissal motion that she interprets the 1849 law as prohibiting people from killing fetuses by assaulting or battering the mother. Kaul’s attorneys have countered that the two laws are in conflict and doctors need to know where they stand. Since the newer law outlaws abortions post-viability, it simply gives prosecutors another charging option, he contends.

Urmanski maintained that it’s a stretch to argue that the ban is so old it can no longer be enforced and that the 1985 law and the ban complement each other. One of them, Sheboygan County’s Republican district attorney, Joel Urmanski, filed a motion seeking to dismiss the case in December. Kaul has named district attorneys in the three counties where abortion clinics operated until the Supreme Court overturned Roe v. The issue figures to be front and center again in the state as the 2024 presidential campaign ramps up. Tony Evers parlayed anger over the ruling into a re-election victory in November. Republicans and their conservative allies across the country praised the reversal, but the decision energized Democratic voters. Then, the high court’s decision last June to overturn Roe v. Wade ruling legalizing abortion nullified the ban, but legislators never repealed it. Wisconsin lawmakers enacted statutes in 1849 that have until now been widely interpreted as outlawing abortion in all cases except to save the mother’s life. “There is no such thing as an `1849 Abortion Ban` in Wisconsin,” the judge wrote. (AP) - Wisconsin’s 173-year-old abortion ban outlaws killing fetuses but doesn’t apply to consensual medical abortions, a judge ruled Friday in allowing a lawsuit challenging the ban to continue in the perennial battleground state.ĭane County Circuit Judge Diane Schlipper said the legal language in the ban doesn’t use the term “abortion” so the law only prohibits attacking a woman in an attempt to kill her unborn child.