Hold On To Your Petticoats, WI Abortion Law Just Entered the 21st Century
Celebrating the crash out of an 1849 state abortion ban
It’s 1849. You’re a married women in the U.S. You can’t legally own property, control your paycheck, or sign contracts. You also can’t vote or wear pants. This is the context in which Wisconsin passed a near total abortion ban. Now, 176 years later, the state Supreme Court has joined us in 2025 and declared that more recent state abortion legislation should take priority. How modern…Let’s dive in...
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On Wednesday, Wisconsin’s liberal-majority Supreme Court voted 4–3 to dismantle the state’s 1849 abortion ban - a relic written by 19th-century white men who had more power than sense. That ban, resurrected after SCOTUS nuked Roe in 2022, basically made abortion a felony.
Wisconsin AG Josh Kaul sued to stop the ban from snapping back, pointing to a 1985 law that allows abortions until viability (around 21–24 weeks). Justice Rebeca Dallet laid it out plainly: modern abortion laws fully replaced that dusty old ban, enough with the zombie legal games.
For months, conservatives clutched their pearls about “protecting life,” but even a lower court last year said the 1849 ban didn’t apply to most abortions. This Supreme Court ruling now locks in what providers and patients already knew: abortion is legal in Wisconsin…for now. We KNOW conservatives are already plotting their next move; the next state court election in 2026 is practically circled in red on their calendars.
The conservative justices on the court whined about “judicial activism,” with one even calling it a “jaw-dropping exercise of judicial will” as if ignoring two centuries of progress on women’s rights is some higher moral good. And anti-abortion groups like Wisconsin Right to Life had a full meltdown, accusing the court of “legislating from the bench.” (Where was this energy when SCOTUS shredded Roe?)
The fact is: 74% of Wisconsin voters back legal abortion in all or most cases. Numbers don’t lie. But if you think this ruling ends the war, think again. Wisconsin still forces patients through mandatory ultrasounds and 24-hour waiting periods. And the next Wisconsin Supreme Court election in 2026 could flip the balance again, because conservatives are already gunning for it. We won’t let them because we’re clocked in to the courts.
Why This Matters to You
The court’s ruling keeps abortion legal in Wisconsin which is so critical in a post-Roe country where your zip code determines your rights.
Judicial races, even down-ballot, are the new abortion battlegrounds. We cannot sleep on these.
This fight is a blueprint: extremist laws from the 1800s are still lurking in state codes, like yours, all over the country.
What You Can do
Get judicially literate. Know who’s running for judge, state Supreme Court, and lower appellate benches - they hold your bodily autonomy in their hands. Look it up. Now. Ballotpedia is a good place to start.
Watch these key state court races:
Stay clocked in by subscribing to newsletters like Balls and Strikes or State Court Report who keep receipts on these races.
Donate strategically to candidates and groups supporting reproductive freedom in these court fights. Even $5 can help spotlight judges who respect gender equality.
Case in point: Wisconsin Supreme Court candidate, Susan Crawford, overcame massive spending from groups funded by Elon Musk thanks to overwhelming donations from the American public.
Which state court races are you locking in on in 2025-2026? Where do you want more reporting?
Let us know!
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