In a landmark decision on Wednesday, the Wisconsin Supreme Court declared that a 1849 law prohibiting nearly all forms of abortion has been effectively nullified by more recent legislative actions. The ruling, accessible through [this document](https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066), states that subsequent laws covering abortion care have implicitly repealed the archaic statute.

Justice Rebecca Frank Dallet, writing for the majority, supported Attorney General Josh Kaul's contention that enforcing the mid-19th-century ban would contradict and undermine decades of legislative developments regarding abortion. "That comprehensive legislation so thoroughly covers the entire subject of abortion that it was clearly meant as a substitute for the 19th-century near-total ban on abortion," Dallet articulated.

The contentious 1849 statute categorized performing an abortion as a “Class H” felony, subjecting violators to up to six years in prison. More severe penalties, including up to 15 years of imprisonment, were stipulated for abortions performed on a "quick child"—a term historically used to describe a fetus that has begun to move in the womb.

Despite generally avoiding the doctrine of implied repeal, the court explained that it applies in cases where new legislation comprehensively addresses the subject matter of the older law, effectively replacing it. “We conclude that, under the unique circumstances presented here, the legislature impliedly repealed [the 1849 law]... by enacting comprehensive legislation about virtually every aspect of abortion,” the court's opinion read.

The decision, which was passed with a 4-to-3 vote, affirmed the lower court's findings. However, dissenting opinions, such as that from Justice Annette Kingsland Ziegler, argued that it is the legislature's responsibility to address and clarify abortion statutes, particularly in light of the U.S. Supreme Court’s recent reversal of Roe v. Wade. Ziegler expressed concern over judicial overreach and emphasized the need for legislative action, which she argued better serves public discourse and opinion shaping.

The case arose after Attorney General Kaul filed a lawsuit against the District Attorney of Sheboygan County, following the national upheaval caused by the reversal of Roe v. Wade, to challenge the enforceability of the outdated ban. This decision marks a significant moment in Wisconsin’s legal history, reflecting broader national debates over abortion rights in the post-Roe era.

For further details on the ruling, visit the [official document](https://docs.legis.wisconsin.gov/statutes/statutes/940/i/04) and the coverage on [JURIST - News](https://www.jurist.org/news/2025/07/wisconsin-supreme-court-strikes-down-abortion-ban-from-1800s/).