Fact Check: Wisconsin's 1849 law is a feticide law.

Fact Check: "Wisconsin's 1849 law is a feticide law."

What We Know

Wisconsin's 1849 law, originally enacted as a near-total ban on abortion, has been the subject of significant legal scrutiny, especially following the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022. The law made it a felony to destroy "an unborn child" except in cases of medical emergency. However, the Wisconsin Supreme Court recently ruled that this law does not ban abortion, stating that it has been effectively superseded by more recent legislation that regulates abortion procedures in detail (NPR, AP News).

In a trial court ruling from December 2023, it was determined that the 1849 law is primarily a feticide law, which criminalizes the act of killing a fetus without the mother's consent, rather than outright banning consensual abortions (AP News). This interpretation aligns with the argument made by Wisconsin Attorney General Josh Kaul, who contended that newer laws allow for abortions until the point of viability, thus rendering the 1849 law obsolete (AP News).

Analysis

The claim that Wisconsin's 1849 law is a feticide law is supported by the recent rulings from both the trial court and the state Supreme Court. The trial court explicitly stated that the law does not outlaw consensual abortions but rather addresses the unlawful killing of a fetus without the mother's consent (AP News). This interpretation is critical because it distinguishes between the law's original intent and its current application.

The reliability of the sources is generally high, as they include reports from established news organizations like NPR and AP News, which are known for their journalistic integrity. However, it's important to note that the political context surrounding the rulings may introduce some bias. The Wisconsin Supreme Court's liberal majority has been criticized by conservative justices for what they perceive as judicial overreach (AP News). This ideological divide could influence interpretations of the law and its implications for abortion rights in the state.

Despite the ruling, the legal landscape remains complex. The dissenting opinion from Justice Annette Ziegler argues that the majority's interpretation selectively enforces certain abortion statutes while disregarding others, indicating ongoing contention regarding the law's application (NPR).

Conclusion

The claim that Wisconsin's 1849 law is a feticide law is Partially True. While the law does include provisions that criminalize the killing of a fetus without consent, it has also been interpreted by the courts as not banning consensual abortions. The recent rulings clarify that the law's application is more nuanced than a straightforward ban on abortion, reflecting the ongoing legal and political debates surrounding reproductive rights in Wisconsin.