The Wisconsin court decides on the abortion case which led to the most expensive judicial elections

Wednesday, the liberal majority of the Supreme Court of Wisconsin voted on Wednesday to eliminate an almost total abortion on abortion, voting 4-3 to cancel the strict law of 176 years.

The decision reflected a deeply partisan split, the four liberal judges voting to invalidate the law on abortion of 1849 and the three dissenting conservative judges.

He also crystallized the impact of the election of the Supreme Court of the State at the beginning of this year which collected millions of dollars of donations, the highest amount in American history for a legal race. He understood the participation of Trump’s ally, Elon Musk, former President Barack Obama and others.

Writing for the majority, judge Rebecca Dallet said that the law had been replaced by a more recent precedent, including a 1985 status which allowed abortions to the point of fetal viability, or around the 20 week brand.

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Protesters in the rotunda of Wisconsin Capitol during a march supporting the reversal of the almost total prohibition of Wisconsin to the abortion in Madison in 2023. (AP photo / Morry Gass)

“We conclude that a complete legislation promulgated in the last 50 years regulating in detail the ‘which, what, where, when and how’ abortion covers so completely the subject of abortion that this was a substitute for the almost total prohibition of the 19th century,” wrote Dallet.

“Consequently, we believe that the Legislative Assembly has implicitly abrogated (the prohibition of 1849) for abortion, and that (this law) therefore does not prohibit abortion in the state of Wisconsin.”

Conservative judge Annette Ziegler, in a dissent, described the decision as “a breathtaking exercise of the judicial will” and accused that the liberal judges have ruled on the issue according to their personal preferences.

The law of 1849, and the efforts to relaunch it, appeared in Wisconsin in 2022, after the United States Supreme Court decided to overthrow Roe v. Wade – Effectively recovering in place the law of the state which had been dormant for decades.

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The demonstrators protest outside an event organized by the court judge Brad Schimel, candidate for the Supreme Court of Wisconsin, on March 25, 2025, in Jefferson, WISC. (Getty Images)

Wisconsin law has made a crime for Wisconsin people to carry out abortions, including when women’s health was in danger and without exception in the event of rape or incest.

Although the law has not been applied by the state in recent years, at least some Republicans have urged the Supreme Court of the State to keep it in place, encouraging opponents to push more urgent to be struck.

Decision 4-3 puts to rest the possibility that it can be relaunched.

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It is also the clearest sign to date of the impact that the Liberals on the bench may have after finding the majority of the court in 2023 for the first time in 15 years.

The Supreme Court of the Supreme Court of the State, closely in Wisconsin, was the most expensive judicial election in the history of the United States, attracting more than $ 100 million in donations and by far eggs the $ 56 million spent on the Court of the Supreme Court of the State two years earlier, according to figures compiled by the Brennan Center for Justice.

Susan Crawford finally beat the conservative candidate Brad Schimel, who was supported by President Donald Trump and Musk.

Elon Musk, CEO of Tesla Inc., wears a cheesehead hat at a town hall in America Pac before the elections of the Supreme Court of Wisconsin at the Ki Convention Center in Green Bay, Wisconsin, March 30, 2025. (Jamie Kelter Davis / Bloomberg)

Musk personally donated $ 3 million to the Wisconsin Republican Party earlier this year, while its two Super CAPs spent more than $ 17 million on behalf of Schimel.

Wisconsin Governor Tony Evers on Wednesday welcomed the decision of the Supreme Court of the State on Wednesday, describing it as a victory “for women and families” and state health professionals.

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“Three years ago, the United States Supreme Court upset five decades of previous preceding and launched freedom of reproduction in Wisconsin and through our country in chaos,” said Evers in a statement. “I then promised to fight like a hell to make sure that each Wisconsinite has the freedom to consult their family, their faith and their doctor and make the reproductive health decision that suits them, and I never stopped.

“Today, the Supreme Wisconsin Court has confirmed this fundamental freedom.”