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A judge ruled Wisconsin's 1849 law doesn't apply to abortions. Here's what to know.

Hope Karnopp, Milwaukee Journal Sentinel
2 min read

In a decision that broke Tuesday night, a Dane County judge ruled that an 1849 state law doesn't apply to abortions.

Dane County Circuit Judge Diane Schlipper had already signaled in July that she believed the law applied to feticide, not abortions.

That opened the door for Planned Parenthood to resume abortions at its Milwaukee and Madison clinics in September. Planned Parenthood also plans to resume abortion services in Sheboygan.

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Here's what to know about the Tuesday ruling and where the case is likely to go from here:

What did the judge rule in the Wisconsin abortion case?

Schlipper wrote in her order that "Wis. Stat. § 940.04 does not apply to abortions."

Instead, she found, the state law applies to feticide — not abortions that are voluntary, medical procedures.

Her ruling was based on a 1994 state Supreme Court decision that found feticide is not consensual and involves battering a woman to the point that she loses the pregnancy.

More: The term 'consensual abortion' is central to Planned Parenthood's decision. But what does it mean?

Is this the end of the Wisconsin abortion case?

Almost certainly not. The case could go all the way up to the state Supreme Court, which now has a liberal majority.

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Sheboygan County District Attorney Joel Urmanski, a defendant in the case, said Wednesday morning he plans to appeal the decision.

"I believe that, properly interpreted, the statute at issue prohibits performing abortions (including consensual abortions) unless the exception for abortions necessary to save the life of the mother applies," Urmanski said.

The court's newest member, liberal Justice Janet Protasiewicz, voiced support for abortion rights during her campaign.

In a previous interview with the Milwaukee Journal Sentinel, she said "there probably is an appropriate week limit" for abortions in the state.

What abortion laws exist in Wisconsin?

For now, the state goes back to the laws that were in place before the 2022 Dobbs v. Jackson Women's Health Care decision that overturned Roe v. Wade.

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Those laws allowed abortion until 20 weeks, and required an ultrasound, counseling appointment and 24-hour waiting period.

More: Timeline of abortion rights, lawsuits and access in Wisconsin

Are abortions currently offered in Wisconsin?

Yes. Planned Parenthood resumed abortions at its Water Street Health Center in Milwaukee and its Madison East Health Center in September.

The state's largest abortion provider, Planned Parenthood had also planned to restart abortion services at its Sheboygan clinic once it increased its staffing levels.

Planned Parenthood said after Tuesday's ruling that it would resume abortions at the third location "as soon as possible."

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin abortion ruling: What it says and what comes next

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