Today, the Wisconsin Supreme Court rejected the state’s 1849 abortion law. While this decision is critical for abortion rights in Wisconsin, it still leaves in place many unscientific restrictions that hinder abortion access.
For background: In June 2022, the U.S. Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization overturned the federal right to abortion established by Roe v. Wade. In Wisconsin, an 1849 law interpreted as banning abortion except in lifesaving emergencies led all abortion clinics in the state to stop offering services for 15 months while courts determined whether the law was enforceable.
In the case ruled on today, Wisconsin Attorney General Josh Kaul argued that the 1849 state law does not apply to consensual abortions, a stance supported by a Dane County Circuit Court ruling in 2023.
About today’s decision: The Wisconsin Supreme Court ruling states that the Wisconsin legislature effectively repealed the 1849 near-total abortion ban by enacting comprehensive legislation regulating abortion over the past 50 years.
The court explained that subsequent state laws regulating abortion would make no sense if the 1849 law still operated as a ban; instead, the more recent laws were meant as substitutes for a ban. That means the 1849 law no longer operates as an abortion ban.
While today’s decision upholds reproductive autonomy, it does not make abortion more accessible to Wisconsinites.
The big picture: The earlier Dane County court ruling led many abortion providers to resume services in September 2023. Today’s decision from the Wisconsin Supreme Court means that abortion providers can continue offering care within the bounds of the law. The practical effect is that the opinion preserves the status quo.
Abortion care is available but highly restricted in Wisconsin. A multitude of state laws, most of which lack medical or scientific basis and interfere in the doctor-patient relationship, reduce Wisconsinites’ ability to access abortion care.
Zooming in: Wisconsin abortion restrictions include a mandatory in-person, two-visit requirement, insurance and telehealth prohibitions, and some of the most onerous medication abortion restrictions in the country. Many of the laws compound each other.
Wisconsin is one of the more difficult places in the U.S. to obtain abortion care — especially for people living on low incomes, in rural areas, and/or long distances from clinics, minors, those seeking medication abortion care, and people later in pregnancy.
A multitude of state laws reduce Wisconsinites’ ability to access abortion.
Why it matters: CORE research suggests that, even before the fall of Roe, many Wisconsinites found it difficult, if not impossible, to access abortion care in our state. Thus, while today’s decision upholds reproductive autonomy, the decision does not make abortion more accessible to Wisconsinites.
Further, a recent CORE study shows that while abortion clinics resumed services in late 2023, some hospitals across the state remain reluctant to provide abortion care even for patients experiencing pregnancy emergencies.
A CORE brief outlines extensive evidence of the ways abortion restrictions harm pregnant people, their families, communities, and the broader medical field.
Looking ahead: CORE remains committed to generating and sharing research to support evidence-based policy in Wisconsin. We will continue to document the impacts of current abortion and contraception restrictions on Wisconsinites, their families, and their communities.
Dig deeper: Explore the real-world impacts on Wisconsinites who experienced barriers to abortion post-Dobbs, as documented by CORE research.
Amplify: View or share CORE’s posts about today’s decision on Instagram, Facebook, and X.