A Republican prosecutor asked the Wisconsin Supreme Court on Tuesday to decide whether a 174-year-old state law bans abortion in the state without waiting for a ruling from a lower appellate court.

The U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, the landmark 1973 decision legalizing abortion, reactivated an 1849 law that conservatives have interpreted as banning abortion.

Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit arguing that the law is too old to enforce and conflicts with a 1985 law permitting abortions before fetuses can survive outside the womb. Dane County Circuit Judge Diane Schlipper ruled in July that since the law doesn’t use the term “abortion,” it only prohibits attacking a woman in an attempt to kill her unborn child. The ruling emboldened Planned Parenthood to resume offering abortions in the state.

  • FuglyDuck
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    407 months ago

    that’s because the lower court is likely to rule against him.

    what’s with repugnants fishing for favorable judiciaries?

    • FenrirIII
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      197 months ago

      They would move everything to Texas’s 5th Circuit if they could

      • FuglyDuck
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        137 months ago

        I know.

        It’s… infuriating.

    • @marx2k
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      87 months ago

      They won’t find it in the Wisconsin Supreme Court.