Sheboygan County District Attorney Joel Urmanski says he’ll appeal a Dane County judge’s ruling, that a state law from 1849 doesn’t prohibit abortions. In the meantime, Attorney General Josh Kaul says the decision stands.

“What we have in place right now is a declaratory judgment from the circuit court,” Kaul said on Wednesday.  “The three defendants (Urmanski and district attorneys in Dane and Milwaukee counties)  in that case said that they would respect, and I fully expect that they they will abide by that decision.”

Dane County Circuit Court Judge Diane Schlipoper ruled this week that the law does not apply to abortions but to feticide. Urmanski said he disagrees. The law was put into effect following the US Supreme Court decision overturning Roe versus Wade. Abortion remains illegal after 20 weeks in Wisconsin.              

There was disappointment from anti-abortion groups, in the wake of this week’s ruling on the more than century old state law. 

In statements to the Journal Sentinel, Wisconsin Right to Life legislative director Gracie Skogman called the ruling “truly disappointing for all Wisconsinites,” and Pro-Life Wisconsin legislative director Matt Sande called it “an extraordinary leap in logic.” Julaine Appling, president of the conservative Christian group Wisconsin Family Action, said she wasn’t surprised by the decision but looks forward to the case making its way through the judicial process.

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