A Wisconsin attorney argued to the state supreme court Monday why a 175-year-old abortion ban should be reinstated after the overturning of Roe v. Wade two years ago.
An attorney for a Wisconsin prosecutor made the case to reinstate a 175-year-old abortion ban to the state's Supreme Court on Monday. His argument comes more than two years after the U.S. Supreme Court overturned Roe v. Wade, which effectively ended recognition of a constitutional right to abortion and gave states the power to allow, limit or ban the practice altogether.
Thome told the court on Monday that he was not arguing about the implications of reinstating the ban on abortion. Instead, he maintained that the legal theory of new laws repealing old ones is shaky. He also argued that the ban and newer restrictions on abortion can overlap. Thome pleaded to the justices that a ruling that the 1985 law effectively repealed the ban would be 'anti-democratic.
Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that allows abortions before a baby can survive outside the womb supersedes the ban. Urmanski contends that the ban was never repealed, and it can co-exist with the 1985 law since it did not legalize abortion at any point. He also argues that other modern-day abortion restrictions do not legalize the practice.
Because of the ruling, Planned Parenthood was able to resume offering abortions in Wisconsin after halting procedures when Roe was overturned. The Associated Press contributed to this report.
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