A Wisconsin circuit court judge has ruled that an 1849 law that classifies the destruction of a fetus by someone other than the mother as a felony does not outlaw abortions, returning the state’s abortion access to its pre-Dobbs status.
Dane County Circuit Court Judge Diane Schlipper on Tuesday reaffirmed a ruling she issued earlier this year, finding that an 1800s-era law “does not apply to consensual abortions, but to feticide.”
After the Supreme Court overturned the landmark 1973 Roe v. Wade ruling in 2022, the question was raised over whether a Wisconsin state law passed in 1849 could go into effect. Roe had effectively invalidated the law when it was in effect.
Okay, but you’ll find that some laws are a bit more controversial than murder being bad.
Exhibit A: points vigorously all around
Those kind of obsolete laws tend to not be enforced either, and thrown out if they ever are, so it’s not really a significant problem. It’s important for economic and social stability that the law have some amount of stability and that we’re not constantly revamping everything every decade or so.