Lawsuit challenging state’s 1849 abortion ban to proceed

MADISON, Wis. (WMDX) – A lawsuit challenging Wisconsin’s abortion ban written in 1849 will be allowed to proceed.

The ruling on a motion to dismiss in a case by Dane County Circuit Court Judge Diane Schlipper means the lawsuit can continue in court.

“Today’s ruling is a major victory in our fight to restore reproductive freedom in Wisconsin,” Josh Kaul, Wisconsin Attorney General, said. “While this ruling does not resolve the case and won’t be the final word in this litigation, the court’s thorough decision makes clear that [the current state statute] should not be interpreted to criminalize consensual abortions.”

The motion to dismiss was filed by Sheboygan County DA Joel Urmanski in December, according to court records.

Attorney General Kaul Issues Statement on Favorable Ruling in Challenge to Wisconsin’s Criminal Abortion Ban https://t.co/HRVapr5W8t pic.twitter.com/munVPT1MO8

— Attorney General Josh Kaul (@WisDOJ) July 7, 2023

The lawsuit was filed by Kaul in the days following the U.S. Supreme Court overturning Roe v. Wade last June.

Given the high profile of the case, it’s expected to reach the state’s Supreme Court.