MADISON, Wis., July 10, 2025 — The Wisconsin Supreme Court ruled today to strike down the state’s 1849 abortion ban, a law that had been interpreted as prohibiting nearly all abortions in the state since the 2022 overturning of Roe v. Wade by the U.S. Supreme Court. In a decision authored by the court’s liberal majority, the ruling in Kaul v. Urmanski states that the statute does not criminalize consensual medical abortions, effectively restoring legal abortion access in Wisconsin.
The case was brought forward by Wisconsin Attorney General Josh Kaul, who challenged the enforceability of the statute amid ongoing legal uncertainty and confusion. The old law had been viewed by many as a near-total abortion ban after the Dobbs decision ended federal constitutional protection for abortion rights, resulting in the suspension of nearly all abortion services across Wisconsin for over a year.
District Attorney Eric Toney, along with other local officials, had previously indicated a willingness to enforce the 1849 ban, leading to significant legal battles and heightened political tensions statewide.
The immediate effect of the ruling is to reopen abortion clinics that had closed or drastically limited services due to the threat of prosecution. Prior to the Dobbs decision, Wisconsin averaged approximately 6,000 abortions annually. The implementation of the ban since 2022 brought about a halt to these services, affecting thousands of women seeking reproductive healthcare. Planned Parenthood, which plays a significant role in providing such services nationwide, was similarly impacted, as about 32% of women and 11% of men have utilized these clinics.
This legal decision follows months of litigation, including a lower court ruling that also found the 1849 statute did not forbid consensual abortions. The Wisconsin Supreme Court’s liberal majority now sets a new precedent clarifying that the antiquated statute does not apply in the modern context.
From a conservative perspective, the ruling has been met with concern and criticism. Many conservatives argue that the 1849 law, despite its age, embodies a vital protection for unborn life and reflects longstanding state sovereignty in setting abortion policy. They accuse the court of judicial activism, asserting that the decision overrides legislative intent and the will of voters who have supported pro-life measures during recent elections.
Legal analysts warn that this ruling may encourage challenges to similar pre-Roe statutes in other states, potentially reversing years of pro-life policy gains. Conservative lawmakers have indicated plans to pursue new abortion restrictions or constitutional amendments aimed at circumventing the court’s decision, signaling that the debate over abortion will continue at the state and national levels.
Supporters of the ruling, including pro-choice advocates and many Democrats, hail the decision as a restoration of reproductive rights and bodily autonomy for Wisconsin women. They emphasize that the old statute was archaic, unclear, and out of step with both modern medical practice and public opinion. The ruling aligns Wisconsin law with other states that have either repealed or clarified the status of similar nineteenth-century abortion bans.
The year 2022 marked a major shift nationally with the U.S. Supreme Court’s overturning of Roe v. Wade, which had provided constitutional protection for abortion since 1973. States like Wisconsin quickly saw reinstatements of old laws that effectively banned abortion. This created immediate and substantial disruptions in access to reproductive healthcare.
What happens next in Wisconsin remains uncertain. Abortion providers are poised to resume operations immediately, though legislative and political challenges are expected. Conservative lawmakers may seek to introduce stricter abortion laws or place constitutional amendments on future ballots to redefine abortion policy in the state.
The court’s ruling is likely to become a pivotal issue in upcoming elections, energizing both pro-life and pro-choice constituencies. Legal experts anticipate potential appeals or federal challenges, but for now, the decision stands, reopening abortion access across Wisconsin.
The ruling does not exclusively focus on medical terms but also raises important questions about the role of the judiciary in interpreting laws passed well before modern medical standards existed. From a biblically informed dispensationalist Christian viewpoint, many hold that the sanctity of unborn life must be protected, and they see this decision as part of a broader cultural and legal conflict over the protection of life as commanded in Scripture. Such perspectives underscore concerns about judicial activism overriding moral and biblical principles reflected in state law.
In summary, the Wisconsin Supreme Court’s July 10, 2025 decision marks a significant and immediate change in abortion policy, one that underscores ongoing national divisions over the issue and sets the stage for persistent political and legal battles in the state.
Steeve Strange is the CEO and Editor-in-Chief of The Scoop. A passionate defender of conservative values and constitutional freedoms, he founded The Scoop to deliver truthful, America First journalism. Contact: team@thescoop.us
