The state's Democratic attorney general, Josh Kaul, has vowed to restore abortion access.
that it's a stretch to argue that the ban is so old it can no longer be enforced and that the 1985 law and the ban complement each other. Since the newer law outlaws abortions post-viability, it simply gives prosecutors another charging option, he contends.Kaul's attorneys have countered that the two laws are in conflict and doctors need to know where they stand.
Dane County Circuit Judge Diane Schlipper explained in a written ruling denying Urmanski's dismissal motion that the 1849 ban makes killing fetuses by assaulting or battering the mother illegal and doesn't apply to consensual abortion. That means the doctor plaintiffs could ultimately win a declaration that they can't be prosecuted for performing abortions and hence the case should continue, Schlipper wrote.
The ruling means that the lawsuit will continue in Schlipper's courtroom. Regardless of how the judge ultimately rules, the case carries so much weight for the future of the state that it almost certainly will rise to the state Supreme Court, which is exactly where Democrats want it.Liberal justices will control the court with a 4-3 majority after progressive Janet Protasiewicz is sworn in on Aug. 1.
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