On July 2, on a 4-3 vote, the Wisconsin Supreme Court settled a long-running legal dispute about an abortion law enacted by the state legislature in 1849.  The law made it a felony for  “any person, other than the mother, to intentionally destroy the life of an unborn child.”  In 2023, Dane County Circuit Judge Diane Schlipper ruled that the law applied to feticide, but not to abortion performed with the consent of the mother.  On appeal, writing for the majority, Supreme Court Justice Rebecca Dallet argued that subsequent legislation regulating abortions passed by the state legislature effectively repealed the 1849 statute.  Regardless of the specific argument, the Supreme Court decision makes it clear that abortions are legal in Wisconsin.  Despite the ruling, reproductive care advocates say much work remains to be done to ensure equitable access.  Jenny Higgins is a professor of Obstetrics and Gynecology at the University of Wisconsin-Madison, and is the director of the Collaborative for Reproductive Equity.

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