Madison Reporter

Dane County Judge Diane Schlipper has ruled that Wisconsin's 1849 abortion ban pertains exclusively to feticide, thereby excluding consensual medical abortion. This ruling has sparked controversy due to differing interpretations of the law. In response, Pro-Life Wisconsin has labeled the ruling as 'egregious' and expressed hope for an appeal.

PBS Wisconsin reports that Democratic Attorney General Josh Kaul initiated a lawsuit challenging the validity of the abortion ban following a U.S. Supreme Court decision. Kaul argued that the statutes prohibiting abortions were outdated and had been superseded by a 1985 law permitting abortions before a fetus can survive outside the womb. Three doctors joined Kaul in this lawsuit, voicing concerns about potential prosecution for performing abortions. Schlipper ruled that the ban did not apply to consensual medical abortions, thus allowing Planned Parenthood to resume procedures in Madison and Milwaukee. However, Joel Urmanski, a Republican district attorney in Sheboygan County, requested reconsideration of this ruling. Schlipper declined this request, upholding her decision and affirming the plaintiffs' victory in the lawsuit.

Pro-Life Wisconsin issued a press release responding to Schlipper's ruling: "Pro-Life Wisconsin wholly opposes this egregious ruling overturning Wisconsin’s abortion ban. To rule that all of s.940.04 has nothing to do with a consensual, medically induced abortion defies the plain wording and meaning of the statute," it stated. The organization also criticized Schlipper's interpretation of a 1994 Wisconsin Supreme Court case which it believes led her to an erroneous conclusion.

Planned Parenthood of Wisconsin told PBS Wisconsin that it anticipates swiftly resuming abortion procedures at its Sheboygan facility following Schlipper's ruling.

Despite Schlipper's Dec. 5th ruling, PBS Wisconsin reports that legal proceedings are likely to continue with an anticipated appeal of the ruling. Given the significance of this case, it is expected that it may eventually reach the state Supreme Court.