Wisconsin’s 1849 Criminal Law Held Not to Apply to Abortions

Wisconsin prosecutors can’t bring charges against doctors who provide abortions under an 1849 law that criminalizes the killing of an unborn child, a state trial court said.

The 19th century law criminalizes feticide—the killing of a fetus during an attack on the pregnant person—not consensual abortions, Dane County Circuit Judge Diane Schlipper said Tuesday. The state capital, Madison, is located within Dane County.

“Wis. Stat. § 940.04 does not prohibit abortions,” Schlipper declared in her option.

Wisconsin Attorney General Josh Kaul called the decision “a momentous victory” and vowed to defend it on appeal.

“The ruling is truly disappointing for ...