Wisconsin’s Democratic attorney general filed a lawsuit Tuesday challenging the state’s 173-year-old abortion ban.
MADISON, Wis. — Wisconsin’s Democratic attorney general filed a lawsuit Tuesday challenging the state’s 173-year-old abortion ban, arguing that statutes passed in the 1980s supersede the ban and it’s so old that modern generations never consented to it.
According to the lawsuit, Wisconsin adopted a post-Roe vs. Wade law in 1985 that prohibits abortions after a fetus has grown enough that it could survive outside the womb. That point in time is the subject of debate. Some physicians say it’s around 20 weeks, others around 28 weeks. Kaul goes on to contend that the ban should be declared unenforceable because it has become obsolete, saying a law that was enacted so long ago “cannot be said to have the consent of the governed.”
Julaine Appling, president of anti-abortion lobbying group Wisconsin Family Action, said the 1849 ban is a duly enacted law and Kaul is simply playing to Democratic supporters. Meanwhile, three Republican gubernatorial hopefuls warned they would fire prosecutors who refuse to enforce the ban.
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