A MARTÍNEZ, HOST:
Supporters of abortion rights are celebrating a legal victory at the Wisconsin Supreme Court. The court decision didn't change abortion access in the state, but it confirmed a lower court decision that allowed abortion up to 20 weeks of pregnancy. The case involved a law passed before the Civil War. Here's Sarah Lehr of Wisconsin Public Radio.
SARAH LEHR, BYLINE: Three years ago, the U.S. Supreme Court overturned Roe v. Wade, and providers stopped performing abortions in Wisconsin in fear of a law from the mid-1800s. In 2023, a lower court ruled that law didn't actually ban abortions and cleared the way for abortions up to 20 weeks of pregnancy. But as the case went to the state's highest court, that old law was still on the books. What it says is that it's a felony to intentionally destroy the life of an unborn child except to save a pregnant woman's life. That worried Madison-based OB-GYN Dr. Amy Domeyer, who says that line isn't always clear.
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AMY DOMEYER: How sick is sick enough? Many of us feared watching our patients suffer as complications threatened their health and lives.
LEHR: Domeyer was among the advocates celebrating Wednesday's 4-3 decision by the state Supreme Court, which confirmed the lower court ruling. Justices said the 19th century ban is no longer in effect because it was superseded by abortion laws passed later on. Wisconsin's Democratic Attorney General Josh Kaul says the high court opinion provides much-needed clarity after a long period of legal limbo.
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JOSH KAUL: The arguments we made have now been vindicated. But at a time when the rights of Wisconsinites and Americans are under threat, this case is a stark reminder of how important it is that we fight for our rights.
LEHR: Meanwhile, Republicans are accusing the court of overstepping its authority. Speaking to reporters, the state's Republican Senate Majority Leader Devin LeMahieu said he hadn't yet read the full decision, but...
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DEVIN LEMAHIEU: I'm not even sure what weird rationale our liberal Supreme Court used to do this.
LEHR: A dissenting conservative justice, Brian Hagedorn, called the ruling pure policymaking, not a reasoned judicial opinion. The Wisconsin Supreme Court, officially nonpartisan, has had a liberal majority since August of 2023. That's after Justice Janet Protasiewicz won by a wide margin after making abortion rights a centerpiece of her campaign. At the time, that race was the most expensive judicial contest in U.S. history. It was surpassed just this spring when another liberal judge, who's yet to take office, beat a candidate backed by Elon Musk.
For NPR News, I'm Sarah Lehr in Madison.
(SOUNDBITE OF DAVID ALLRED'S "STRAY") Transcript provided by NPR, Copyright NPR.
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