Roe v. Wade AFTERSHOCK—1849 BAN Stripped!

The Wisconsin Supreme Court’s recent ruling on abortion has sent shockwaves through the legal and political spheres, marking a pivotal moment for the state’s judicial future and nationwide reproductive rights.

At a Glance

  • In a 4-3 decision, the Wisconsin Supreme Court has struck down the state’s 176-year-old ban on abortion.
  • The ruling was made possible by a new liberal majority on the court, secured after a record-breaking $100 million judicial election in April.
  • The court found that the 1849 law had been “impliedly repealed” by decades of subsequent, more modern legislation.
  • The decision means abortion is now legal in Wisconsin up to 20 weeks of gestation, which is the limit set by a more recent state law.

A Landmark Ruling on a 176-Year-Old Law

The Wisconsin Supreme Court, in a landmark 4-3 decision on Wednesday, July 2, 2025, has struck down the state’s 176-year-old near-total ban on abortion. The ruling effectively restores legal access to abortion in a key Midwestern battleground state, ending two years of legal uncertainty that began after the U.S. Supreme Court overturned Roe v. Wade.

The case centered on a law from 1849 that banned abortion at any stage of pregnancy, with no exceptions for rape or incest. In its decision, the court’s new liberal majority did not find a right to abortion in the state constitution. Instead, it ruled that the 1849 law had been “impliedly repealed” by the numerous, more specific abortion regulations passed by the state legislature over the last half-century.

A Record-Breaking Election’s Aftermath

The ruling was a direct result of a seismic shift in the court’s ideological balance. As reported by Fox News, the path to the decision was paved in April 2025, when liberal-backed candidate Susan Crawford won a seat on the court. That election became the most expensive state judicial race in U.S. history, with spending from both sides topping a staggering $100 million.

The election was widely seen as a referendum on abortion rights in the state, and Crawford’s victory flipped the court to a 4-3 liberal majority for the first time in 15 years, making Wednesday’s ruling possible.

“A Fight for Freedom”

Wisconsin’s Democratic Governor, Tony Evers, who had challenged the 1849 law in court, celebrated the decision. “I promised then to fight like hell to ensure every Wisconsinite has the freedom to consult their family, their faith, and their doctor and make the reproductive healthcare decision that is right for them, and I’ve never stopped,” Evers said.

While the 1849 ban has been struck down, a more recent state law banning abortions after 20 weeks of pregnancy remains in effect. The court’s decision now sets the stage for new political and legal battles over the future of abortion access in Wisconsin.

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