On Tuesday, Dane County judge Diane Schlipper ruled that Wisconsin’s pre-Roe law banning most abortions is unenforceable. The judge decided that the entire statute applies to feticide, the intentional killing of a preborn child without the woman’s consent, rather than to a “consensual” abortion. The judge did not issue an injunction blocking enforcement since all three district attorneys who are defendants in the case have agreed to abide by her ruling. The case will continue if it is appealed to the Appeals Court.
While this decision is not surprising, it is very disappointing. It appears the judge was looking for a way to rule against our abortion ban and did so by misinterpreting a nineteen ninety-four state Supreme court decision. However the judge came to her decision, the net effect is abortion is again legal in our state. Wisconsin babies are no longer safe in their mother’s womb.
