Milwauki – Supporters of breeding rights are celebrating a win in Wisconsin. After years of litigation 1849 law Conservatives argue that there is a criminalization of abortion in the state, the Visconsin Supreme Court ruled that the law does not ban abortion.

This means that abortion may continue in the state.

It marks the end of a saga that started Roe V. Wade Eliminating federal constitutional security for abortion, overturned in 2022. While in some states it was clear that abortion would be banned, and in others that abortion would be protected, Visconsin found himself in a legal gray field.

Due to the law of 1849, abortion providers in the state stopped offering the process. But Democratic Attorney General Josh Kaul filed a case at that time, challenged the law, and how to explain the law of 1849, the issue has been in courts since June 2022.

In December 2023, the trial court found that the law does not thwart abortion, that it is actually a feticide law that makes a woman’s child illegal to attack and kill without her consent. Since that decision, people have been able to receive abortion in Wisconsin, if necessary for 20 weeks or beyond, if necessary to save the mother’s life or health, according to A. Law passed in the 1980s,

What is ruling, dissatisfaction and next

On Wednesday, the Wisconsin Supreme Court ruled along with ideological lines – that the law does not ban abortion. Court has 4-3 liberal majority, which was maintained after some Highly promoted and heavy funded election For your open seats in 2023 and 2025.

In his judgment, the majority found that the Wisconsin legislature later rejected the 1849 law by laws regulating abortion. “We conclude that the comprehensive law implemented in the last 50 years has regulated in detail that the ‘who, what, where, where, and how’ fully incorporates the entire subject of abortion, which was an alternative to the ban on abortion near the 19th century,” write the majority.

In an disagreeable opinion, the conservative Justice Annett Ziglar writes, “The majority of the pics and the laws of abortion are applicable,” and opinion the opinion “exercises a jaw of judicial will”.

Last year, The court accepted A separate case from the planned paternity of Wisconsin who argued that the law is a restriction and it is unconstitutional. Wednesday, however, Justice dismissed the case as they could only receive constitutional questions if they rule the law if they ban abortion.

The employed parent mortal had said that the 176-year law struggles with provisions in the State Constitution, which establishes the right to the same security along with the discovery of life, freedom and happiness. Therefore, the constitutional question becomes unresolved, according to Bryna Godar, an employee lawyer with the State Democracy Research Initiative at Wisconsin Law School.

“And so, I think in Wisconsin we will have a constant conversation about constitutional security,” Goder says. She says that future court cases or constitutional amendment ballot may be questions.

Right now, citizens there’s no way To initiate constitutional amendment through ballot measures in Wisconsin; Only the legislature can do this. Visconsin currently has a divided government, made up of a GOP-controlled legislature and a Democratic governor. Therefore, it is unlikely that the Legislature will initiate any ballot question to establish constitutional security for abortion within the next year or, on the contrary, that the Democratic Governor will sign any additional ban in the law.

But all this can change after the mid -term elections of 2026 in Wisconsin, when many state legislative seats and governor office will be ready for graves.