Legal Arguments Presented
The heard arguments on the enforceability of a 175-year-old abortion ban, with liberal justices expressing skepticism about its application to modern abortion practices.
District Attorney Joel Urmanski argued for reactivating the ban, citing its historical permanence and coexistence with later laws, a stance met with strong opposition from liberal justices.
Judicial Rulings and Public Policy
Dane County Circuit Judge Diane Schlipper's ruling last year, which distinguished between feticide and consensual abortions, allowed Planned Parenthood to resume services, challenging the 1849 ban's applicability.
The court's liberal majority, including Justice Janet Protasiewicz, has been vocal about supporting abortion rights, raising doubts about the 1849 law's relevance in contemporary legal and ethical contexts.