How federal laws set the baseline for women’s health, safety, and access
Federal laws play a powerful role in shaping women’s rights in the United States. Even when enforcement and impact
1 min read
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. Abortion access in Wisconsin is now governed by state laws that regulate abortion as medical care.
What to watch: Federal actions this year - Medicaid cuts, EMTALA rollbacks - are putting strain on women's clinics that provide abortion services. This, combined with the ongoing debate over abortion medication, makes access more vulnerable, even in states where abortion is legal.
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. That said, existing laws do not guarantee a right to abortion or prevent future bans, meaning access could still change based on future court rulings or legislation.
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
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