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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    404 months ago

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

    what’s with repugnants fishing for favorable judiciaries?

  • @snooggums@midwest.social
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    184 months ago

    I hope ‘too old to enforce’ is just shitty writing by the press who can’t articulate something like ‘has been superceded by more recent litigation’.

  • magnetosphere
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    24 months ago

    The case is going to end up there anyway, but what really sold me is that Planned Parenthood of Wisconsin agrees, so why not? If both parties are cool with it, that’s enough for me.

  • @bradorsomething
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    14 months ago

    When everything will be appealed to the supreme court anyway, why don’t we just have the justices approve all federal, state, and local laws as they’re passed. This is still only a partial farce, we need completion.

  • Jaysyn
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    -24 months ago

    They just denied Jack Smith a similar “jump”.