A Dane County judge will allow a challenge to continue against an 1849 law that’s been used to ban abortion.
Judge Diane Schlipper ruled Friday against a motion by Sheboygan County DA Joel Urmanski to dismiss that lawsuit. Schlipper said that the law is meant to ban “feticide” and not consensual medical abortion because that’s how the state supreme court ruled the last time it came before justices.
She also said updated languages elsewhere in the state statutes allow for medical abortions and never changed the wording in the 1849 law.
If this ruling is challenged, it will likely come before the state supreme court, which will have a progressive majority starting in August.