Wisconsin Allowed to Proceed in Suit Over Alleged Abortion Law

Wisconsin can partially proceed with a suit aimed at preventing county district attorneys from prosecuting doctors under an antiquated law that allegedly criminalized abortions.

State Attorney General Josh Kaul (D) and the plaintiff physicians stated a valid claim for relief when they asked the court to say that prosecutors can’t use an 1849 law to prosecute doctors for performing lawful abortions, Dane County Circuit Court Judge Diane Schlipper said. The plaintiffs alleged facts that, if true, show they may be prosecuted, she said.

Abortion is legal in Wisconsin up until the point of viability, Schlipper said. She rejected arguments that ...