Dem AG Josh Kaul today filed a lawsuit seeking to overturn Wisconsin’s 1849 abortion ban, arguing it has been superseded by other restrictions on the procedure in the years since and is therefore unenforceable.
That includes a ban on abortion after 20 weeks that Republicans approved in 2015.
The only exception under the 1849 law is for the life of the mother. Other laws approved since include exceptions for things like a woman’s health.
The suit argues that puts the statutes in direct conflict.
“Wisconsin abortion providers cannot be held to two sets of diametrically opposed laws, and the Wisconsin people deserve clarity,” the state Department of Justice argued in the suit filed in Dane County.
Read the lawsuit here.