Dane County Judge Rules 1849 Law Does Not Ban Consensual Abortions

Wednesday, December 6th, 2023 -- 1:01 PM

(Bob Hague, WRN) A Dane County judge has ruled that an 1849 Wisconsin law does not ban consensual abortions.

But Judge Diane Schipper on Tuesday found there was no need to issue an injunction barring enforcement of the law because the three district attorneys, in Dane, Sheboygan and Milwaukee counties, named as defendants in the case had all pledged to abide by her ruling.

Schlipper had indicated over the summer that she would issue a final decision finding that the 1849 law did not bar consensual abortions. Not long after that Planned Parenthood of Wisconsin again began offering abortion services in Milwaukee and Madison.

And Planned Parenthood said it will now resume services in Sheboygan as soon as possible. Schlipper ruled that the law pertained more to infanticide than to abortions performed prior to viability.

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