Revival of Pre-Roe Feticide Law Divides Wisconsin Top Court (1)

Nov. 11, 2024, 6:00 PM UTCUpdated: Nov. 11, 2024, 6:40 PM UTC

The Wisconsin Supreme Court was split Monday on whether the state’s 1849 law criminalizing the killing of an unborn child applies to doctors providing elective abortions now that Roe v. Wade has been overturned.

The panel of mostly female justices grilled attorneys on both sides of a lawsuit Attorney General Josh Kaul (D) brought against Sheboygan County District Attorney Joel Urmanski, who said he would enforce the law he claims criminalizes abortions at every state of pregnancy. A Wisconsin trial court held in 2023 that the feticide law doesn’t prohibit abortions.

“I fear that what you are asking this court ...

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