A Republican district attorney has appealed a court ruling that determined that an 1849 Wisconsin law does not ban abortions, a decision that cleared the way for abortions to resume in the state.

Sheboygan County District Attorney Joel Urmanski on Tuesday appealed the ruling from a Dane County judge that said there is no state ban on abortions. The appeal was expected and the case is likely to ultimately be decided by the Wisconsin Supreme Court.

Urmanski asked that the appeal be heard in the state’s Waukesha-based 2nd District Court of Appeals, where three of the four judges are conservative. Appeals are heard by three-judge panels.