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Madison Reporter

Wednesday, September 10, 2025

Wisconsin Supreme Court upholds decision overturning 1849 abortion law

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Senator Kelda Helen Roys | Official U.S. Senate headshot

Senator Kelda Helen Roys | Official U.S. Senate headshot

The Wisconsin Supreme Court has upheld a lower court’s decision to overturn an 1849 law that some interpreted as prohibiting abortion care in the state. The ruling clarifies the legal status of abortion in Wisconsin, which had been uncertain following recent national developments on reproductive rights.

Senator Kelda Roys (D-Madison) responded to the decision with the following statement: “I am gratified that the court upheld the ruling and affirmed that the 1849 law should not be enforced. Our work must continue to establish a more perfect union where every Wisconsinite has the freedom to get the health care they need without intervention from politicians.

“No one’s freedom or health care access should be limited by where they live, or the whims of a judge, politician, or corporation. Together, Democratic legislators are working alongside Wisconsinites to ensure everyone has the freedom to make their own reproductive healthcare decisions.”

The court's action comes after months of debate over how historical statutes affect current medical practices and individual rights in Wisconsin.

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