Wisconsin 1849 ban removed; modern abortion law in place

On July 2, 2025, the Wisconsin Supreme Court ruled that the state’s 1849 abortion ban was unenforceable, finding that modern laws—such as the 20-week limit—govern current abortion access. The decision effectively restored abortion access statewide after nearly two years of legal ambiguity following the Dobbs decision by the Supreme Court.

In short: Wisconsin law now treats abortion as a regulated medical service, not a criminal act.

Why it Matters

When Roe v. Wade was overturned in June of 2022, the resulting confusion at the Wisconsin state level over the 1849 ban forced providers to stop offering abortions. With this 2025 ruling, Wisconsin clinics can now operate legally again. However, given several other federal actions this year - Medicaid cuts, EMTALA rollbacks, and the ongoing debate over abortion medication - access to abortion is now fluctuating and at risk.

Background

After Dobbs, some prosecutors argued the 1849 law made all abortions a felony. The state’s Attorney General and Planned Parenthood sued, saying that the old statute was never meant to apply to consensual abortions performed by doctors. Rather, they argued, it was written to punish anyone who attacked a pregnant woman and caused a miscarriage (“feticide”). The Wisconsin Supreme Court agreed, ruling that newer state laws—like the 1985 statute regulating abortion procedures and setting limits after 20 weeks—replaced the 1849 ban.

Resources

Guttmacher Institute - How Project 2025 Seeks to Obliterate Sexual and Reproductive Health and Rights
Kaiser Family Foundation - The Intersection of State and Federal Policies on Access to Medication Abortion Via Telehealth after Dobbs
CNN - Federal agencies are studying safety of abortion drug mifepristone, driving new concerns about limits on access