Wisconsin Attorney General Files Lawsuit Seeking to Overturn Wisconsin's 1849 Abortion Law

Wednesday, June 29th, 2022 -- 11:01 AM

(Bob Hague, WRN) State Attorney General Josh Kaul files a lawsuit seeking to overturn Wisconsin's 1849 law criminalizing abortion.

The AG says Wisconsinites need clarity on how the law applies. “The truth of the matter is, the legislature has left us without that, and with conflicting laws in place. So we're going to do as much as we can to provide clarity but, we've been left in a difficult spot."

"It's why it's so important that Republican legislators come into session to protect reproductive freedom. The legislature has really abandoned the people of Wisconsin in a time when we need them to step up."

"We have unclear laws, they have never because it's been unconstitutional for them 50 years, they've certainly never been applied in a modern context.” Kaul says the 1849 statute “is deeply anti-family.”

“A lot of the women who obtain abortions are mothers. They're often in very difficult circumstances, including potentially ectopic pregnancies that could leave kids who are alive without a parent. It is so important that we empower women and their families to make these decisions and not politicians.”

The suit, filed in Dane County Court, argues the 1849 law has been superseded by other restrictions in the years since and is therefore unenforceable. That includes a ban on abortion after 20 weeks that Republicans approved in 2015. Kaul expects the suit to move through the courts fairly quickly.

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