Wisconsin AG asks judge to declare the state’s 1849 abortion ban unenforceable

By Amy Fleury

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    MADISON, Wisconsin (WISN) — Wisconsin Attorney General Josh Kaul is asking a Dane County Circuit Court judge to quickly rule the state’s 1849 abortion ban is unenforceable.

Last month, Judge Diane Schlipper said she doesn’t believe the 1849 law being challenged actually bans abortions but instead applies to feticide.

Kaul, a Democrat, asked Schlipper to decide the motion without further oral argument after the expedited briefing is completed.

That would allow the case to be quickly appealed to the state Supreme Court, where liberals now control the ideological majority.

“Women should not be denied the freedom to make fundamental reproductive health-care decisions,” Kaul said in a news release. “Our filing today (Monday) marks another important step in our fight to protect the freedom and safety of women in Wisconsin.”

Democrats filed the lawsuit, hoping the high court will overturn the ban.

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