Abortion access, voting district maps and executive powers all hang in the balance.
brought by Wisconsin’s attorney general asserts that this revived law was superseded when the legislature adopted new statutes regulating abortion during the era. In a second claim, the attorney general invoked the rarely used doctrine of desuetude to argue that the 19th-century statute sat dormant for too long to be enforceable.
The case, now at the trial level, is expected to reach the state supreme court sometime after a new justice is seated. With endorsements indicating that the candidates stand on opposite sides of the abortion debate—and Protasiewicz explicitly staking out her pro-choice Abortion access is advancing toward a judicial resolution because the other branches are deadlocked. The attorney general’s legal theories of implied repeal and desuetude would be irrelevant if new legislation were enacted.
any Republican bill that would retain the existing ban while adding exceptions for rape and incest. If the pending lawsuit succeeds and the 1849 law is struck down, abortion would again be permitted under the state’s The Wisconsin Supreme Court already resolved a political impasse over redistricting last year. But that case did not result in politically fairer maps. Instead, in a
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