Here & Now

A History of Wisconsin's Abortion Laws

Tony Evers:

Today I’m announcing that we’re taking this fight back to the courts. I’ve authorized Attorney General Josh Kaul to file a lawsuit today that is a direct challenge of Wisconsin’s 1849 criminal abortion ban. An overwhelming majority of Wisconsinites supported Roe and making sure abortions remain safe and legal in Wisconsin.

Frederica Freyberg:

I’m Frederica Freyberg. Tonight the ramifications in Wisconsin in the wake of the U.S. Supreme Court decision overturning Roe v. Wade. Because the high court sent it back to the states, Wisconsin now reverts to a statute passed in 1849 that prohibits abortion. But there have been additional and conflicting state abortion laws passed since then. In a moment, we’ll hear from Attorney General Josh Kaul who says the 19th Century ban on abortions is unenforceable because of dueling laws on the books. But first, “Here & Now” reporter Nathan Denzin takes us through the progression of abortion laws in Wisconsin.

Nathan Denzin:

The 1849 law prohibits abortion outright, making it illegal to perform an abortion after a mother feels fetal movement, unless it is to save the mother’s life. Under that law, any person who performs an abortion could be guilty of a felony. As to changes over the years, in 1858 a new law made it a felony to abort at any point after conception. More than 100 years after that, the U.S. Supreme Court ruled in Roe v. Wade. The 1973 case held that the Constitution protected a woman’s right to an abortion prior to the viability of the fetus. Under Roe, the decision to terminate the pregnancy was solely at the discretion of the woman during the first three months. Wisconsin’s post-Roe limits included a law prohibiting abortions after 20 weeks, except for the life or health of the mother. More updates to the state abortion statues continued. A set of laws from 2017 again put restrictions on abortions including a waiting period and mandatory ultrasounds.

Marcher:

Hey, hey. Ho, ho.

Nathan Denzin:

So when the U.S. Supreme Court struck down Roe v. Wade, the decision left both the old and new laws on the books in Wisconsin.

Frederica Freyberg:

That was Nathan Denzin reporting.