This post originally appeared at https://wifamilycouncil.org/radio/wi-supreme-court-invalidates-pre-roe-abortion-ban/

Last week, the Wisconsin Supreme Court decided that Wisconsin’s pre-Roe abortion ban is unenforceable. This ruling makes abortion legal until five months of pregnancy. The liberal-led court reasoned that all abortion legislation enacted since abortion became a constitutional right in Roe v. Wade invalidates and replaces our original statute. All three conservative justices rejected this legal reasoning, questioning the majority’s decision to invalidate legislation based on personal preference without the consent of the legislature.

Because a law has been on the books a long time and other related laws passed does not negate the original law. That’s raw judicial activism. Our pre-Roe abortion ban protected most babies; our twenty-week ban protects far fewer since over 98% of abortions take place before twenty-one weeks gestation. At least the court took a pass on finding a right to abortion in our constitution.

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