SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
wisconsin
Wisconsin Supreme Court Strikes Down 'Archaic' 1849 Abortion Ban
While welcoming the "monumental win," the ACLU of Wisconsin's leader also stressed it's no time to back off the fight. "The political attacks on reproductive justice will not slow down, and we must remain vigilant."
Jul 02, 2025
Rights advocates celebrated Wednesday after the Wisconsin Supreme Court's liberal majority struck down the state's abortion ban from 1849, but campaigners also emphasized that threats to specific healthcare providers and reproductive freedom in general persist.
After the U.S. Supreme Court's 2022 Dobbs v. Jackson Women's Health Organization decision nixed nationwide abortion rights, the Badger State's anti-choice movement argued that the old ban, § 940.04(1), was back in effect. However, the Wisconsin top court concluded 4-3 that it is not, pointing to the state Legislature's actions between Dobbs and Roe v. Wade in 1973.
"We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the 'who, what, where, when, and, how' of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion," Justice Rebecca Frank Dallet wrote for the majority. "Accordingly, we hold that the legislature impliedly repealed § 940.04(1) as to abortion, and that § 940.04(1) therefore does not ban abortion in the state of Wisconsin."
"With this new ruling from our state's highest court, it's time for Wisconsin Republicans to stop forcing their way into our exam rooms."
Planned Parenthood of Wisconsin initially stopped providing abortions due to uncertainty over the old ban but resumed care a few months after Dane County Judge Diane Schlipper ruled in July 2023 that "there is no such thing as an '1849 abortion ban' in Wisconsin." Joel Urmanski, Sheboygan County's Republican district attorney, asked Schlipper to reconsider her decision, but she reaffirmed it that December. Urmanski then turned to the state's top court, resulting in Wednesday's ruling.
"Today's ruling is another important step forward in protecting and expanding access to abortion in Wisconsin," Planned Parenthood Advocates of Wisconsin said on social media. "Since the overturning of Roe, Planned Parenthood of Wisconsin has maintained that Wis. Stat. 940.04 could not be enforced against abortion providers. This final ruling again confirms this."
"While we celebrate this ruling, there is more to be done. We will continue essential work to help protect and expand reproductive freedom in Wisconsin so that everyone who needs comprehensive reproductive healthcare in our state can get the nonjudgmental and compassionate care they deserve," the group added, thanking Democratic Gov. Tony Evers and Attorney General Josh Kaul "for their leadership and efforts to protect reproductive freedom in Wisconsin."
BREAKING: We won! In a lawsuit we brought more than three years ago now, the Wisconsin Supreme Court just ruled to protect reproductive freedom in our state and preserve Wisconsinites' access to abortion care.My statement below ⬇️
[image or embed]
— Governor Tony Evers (@govevers.wisconsin.gov) July 2, 2025 at 10:02 AM
Melinda Brennan, executive director of the ACLU of Wisconsin, had a similar reaction to the new decision, saying in a Wednesday statement that "we have been waiting for this moment since the United States Supreme Court overturned our constitutional right and generational expectation to abortion."
"Since then," she said, "pregnant people in Wisconsin have dealt with the catastrophic consequences of having their bodily autonomy stripped from them—including forced pregnancy, denial of critical medical care for pregnancy-related complications like miscarriage, and having to leave home just to get the treatment they need and deserve. Even though that right was restored by lower courts, the fact that the Wisconsin Supreme Court has now rendered the criminal abortion ban unenforceable means Wisconsinites no longer have to fear the archaic 1849 ban could go back into effect."
"With the ban struck down, Wisconsin is a more free and more just place to live," she added. "But that doesn't mean it's time to back down. The political attacks on reproductive justice will not slow down, and we must remain vigilant to make sure everyone who can get pregnant has access to the full range of reproductive healthcare, no matter where in the state they live. Politicians will keep trying to legislate away and restrict our reproductive rights, as well as roll back LGBTQ rights, freedom of expression, and more. While we should celebrate this monumental win, we can't let up."
Great news! The Wisconsin Supreme Court finally struck down an 1849 law that stripped women's rights through a near-total abortion ban. This move protects women's access to medical care and their right to control what happens to their own bodies.
— Rep. Mark Pocan (@pocan.house.gov) July 2, 2025 at 11:58 AM
Lucy Ripp of A Better Wisconsin Together, a progressive research and communications hub affiliated with ProgressNow, responded to the ruling by urging elected Republicans in the state to stop attacking reproductive freedom.
"The Wisconsin Supreme Court's ruling in this case is a historic step forward in protecting and expanding abortion rights in Wisconsin," said Ripp. "We applaud the progressive majority on the court for taking this case and ruling to protect Wisconsinites' right to access abortion care."
"In the face of relentless attacks from Republicans, the vast majority of Wisconsinites have said time and time again that decisions on abortion should be made between a patient and their doctor, not politicians," she declared. "With this new ruling from our state's highest court, it's time for Wisconsin Republicans to stop forcing their way into our exam rooms and finally put an end to their repeated attacks on our access to reproductive healthcare."
The swing state's highest court has attracted national attention in recent years, including with an April election to replace retiring Justice Ann Walsh Bradley, who joined Wednesday's majority opinion. This spring, Susan Crawford defeated far-right Brad Schimel, securing liberals' majority until 2028. Crawford is set to be sworn in at the beginning of August.
Because the Wisconsin Supreme Court’s decision is rooted in state law, SCOTUS cannot reverse it. Reproductive freedom has been restored in Wisconsin … but only for as long as its citizens continue to elect liberal state Supreme Court justices.
— Mark Joseph Stern (@mjsdc.bsky.social) July 2, 2025 at 9:56 AM
While the Wisconsin Supreme Court just affirmed the right to abortion in the state, access to such care remains at risk, in part due to recent action at the federal level. This week, Republicans in Congress are working to pass President Donald Trump's so-called Big Beautiful Bill, which critics call the "Big Ugly Bill" because of provisions including one to "defund" Planned Parenthood by blocking Medicaid payments to abortion providers.
After the U.S. Senate sent the megabill back to the House of Representatives on Tuesday, Planned Parenthood Action Fund president and CEO Alexis McGill Johnson blasted it as "a backdoor abortion ban," warning that "this bill threatens to close nearly 200 Planned Parenthood health centers and will create devastating gaps in our healthcare infrastructure by putting the full range of reproductive care, like birth control, cancer screenings, and STI testing and treatments out of reach for many."
In Wisconsin specifically, the Milwaukee Journal Sentinel reported Monday, "it would mean more than half of Planned Parenthood's revenue would vanish. Health centers would close and staff would be laid off, senior leaders have said. And the nearly 1 in 5 Wisconsin residents who are enrolled in Medicaid would no longer be able to receive care at Planned Parenthood."
Keep ReadingShow Less
The 'Iron Stache' Is Back: Wisconsin Ironworker Randy Bryce Announces 2026 House Run
"With what Trump and Musk have been doing, it's more important than ever to get union people, working people, into Congress."
May 20, 2025
As congressional Republicans and the administration of President Donald Trump set their sites on slashing vital social services, former union ironworker-turned-progressive Democratic U.S. House candidate Randy Bryce announced Tuesday that he will seek to oust the incumbent Trump ally in 2026 and help save Medicaid, Medicare, and Social Security.
Bryce—also known as the "Iron Stache" due to his prominent moustache—is a disabled veteran who launched his 2018 campaign with a viral video skewering then-House Speaker Paul Ryan's (R-Wis.) attacks on healthcare. Bryce, who raised over $7 million with donations averaging around $25, won the Democratic primary but lost to Rep. Bryan Steil (R-Wis.) in the 2018 general election.He aims to face Steil in the next cycle.
"Every great story begins with a spark. Ours began in 2018, when one man stood up to Washington," Bryce said in an ad released Tuesday announcing his new campaign for Wisconsin's 1st Congressional District seat. "Now, as old enemies come out of the shadows, we need him one more time."
"Trump promised to bring manufacturing back," Bryce continued. "Eight years later, we're still waiting. We can't afford to wait any longer—not for jobs, or healthcare, or a damn living wage."
"This isn't about left versus right," he added. "This about the billionaires versus the rest of us, and we've got the numbers!"
As the Milwaukee Journal Sentinel reported Tuesday:
At the time, Bryce ran on supporting "Medicare for All" legislation, raising the minimum wage to $15 per hour, and boosting unions. He remains a member of the Ironworkers Local 853 and in the years since his first campaign, he said, has served as a union representative, worked with Social Security Works, an advocacy group seeking to expand Social Security, and more recently has helped people with disabilities find work.
Like his ally Sen. Bernie Sanders (I-Vt.), Bryce believes that Democrats lack a coherent vision for defeating Trumpism and the oligarchy that's enriching itself at the expense of working-class Americans.
The solution? "With what Trump and Musk have been doing, it's more important than ever to get union people, working people, into Congress," Bryce told Capital Times associate editor and Nation national affairs correspondent John Nichols on Tuesday, referring to de facto Department of Government Efficiency chief and world's richest person, Elon Musk.
Working-class Dem Randy Bryce Takes On Trump Ally Bryan Steil For Key Wisconsin House Seat. — Bryce is the union Ironworker whose 2018 challenge to Speaker Paul Ryan went viral and, ultimately, saw Ryan decide to quit. Bryce says he’s running in 2026 to save Medicaid, Medicare and Social Security.
[image or embed]
— John Nichols (@nicholsuprising.bsky.social) May 20, 2025 at 8:20 AM
"What Trump's doing, and what Bryan Steil is helping him do, is really scaring people," Bryce told Nichols. "I'm talking to veterans, to people who rely on Medicaid, to families that can't keep up with rising prices, to workers. They're all angry."
"You've got an administration that is strangling the Social Security system, laying off people, cutting services," he added. "The Republicans in Washington are pulling what's left of the rug out from under us. I just think this is a going to be an election where people in the 1st District say, Enough!"
Keep ReadingShow Less
'Chilling Attempt to Normalize Fascism': Groups Decry Trump Official's Arrest Threats
"We must not allow intimidation and authoritarian tactics to take root in our political system."
May 04, 2025
A coalition of advocacy organizations on Saturday expressed support for Wisconsin Gov. Tony Evers and warned that the Trump border czar's threat against the Democratic leader marks a "dangerous escalation" of the administration's assault on the rule of law across the United States.
The groups—including All Voting Is Local and the ACLU of Wisconsin—said in a joint statement that Evers' guidance to state officials on how to handle being confronted by federal agents was "a prudent measure aimed at ensuring compliance with state and federal laws while protecting the rights of state employees."
The suggestion by Tom Homan, a leader of President Donald Trump's mass deportation campaign, that Evers could be arrested for issuing such guidance undermines "the foundational principles of our democracy, including the separation of powers, the rule of law, and the right of state governments to operate without undue federal interference," the groups said Saturday.
"To threaten our governor over his legal directive is gross overreach by our federal government, and it is not occurring in a vacuum," they continued, warning that the administration's rhetoric and actions represent a "chilling attempt to normalize fascism."
"Similar occurrences are happening across the nation, including within our academic systems," the groups added. "If we do not reject these actions now, states and other institutions will only lose more and more of their autonomy and power. This is exactly why we underscore Gov. Evers' claim that this event is 'chilling.'"
The threats against Gov. Evers in Wisconsin undermine the foundational principles of our democracy: the separation of powers, the rule of law, and the right of state governments to operate without undue federal interference. We must reject this overreach. allvotingislocal.org/statements/w...
[image or embed]
— All Voting is Local (@allvotingislocal.bsky.social) May 3, 2025 at 9:58 AM
Trump administration officials and the president himself have repeatedly threatened state and local officials as the White House rushes ahead with its lawless mass deportation campaign, which has ensnared tens of thousands of undocumented immigrants and at least over a dozen U.S. citizens—including children.
In an executive order signed late last month, Trump accused "some state and local officials" of engaging in a "lawless insurrection" against the federal government by refusing to cooperate with the administration's deportation efforts.
But as Temple University law professor Jennifer Lee recently noted, localities "can legally decide not to cooperate with federal immigration enforcement."
"Cities, like states, have constitutional protections against being forced to administer or enforce federal programs," Lee wrote. "The Trump administration cannot force any state or local official to assist in enforcing federal immigration law."
Administration officials have also leveled threats against members of Congress, with Homan suggesting earlier this year that he would refer Rep. Alexandria Ocasio-Cortez (D-N.Y.) to the U.S. Justice Department for holding a webinar informing constituents of their rights.
During a town hall on Friday, Ocasio-Cortez dared Homan to do so.
"To that I say: Come for me," she said to cheers from the audience. "We need to challenge them. So don't let them intimidate you."
Keep ReadingShow Less
Most Popular