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Ozanne and Chisholm, both Democrats, announced last year that they would permit abortions in their counties despite a 174-year-old state law that conservatives argue bans the procedure. They said the state law barring abortions remains in effect and Ozanne and Chisholm have a duty to enforce it because babies are dying. The U.S. Supreme Court's 1973 Roe v. Wade decision essentially legalized abortion nationwide and nullified state abortion bans, including Wisconsin's. But Wisconsin legislators never erased the 1849 ban from state law. The case will likely end up before the state Supreme Court.
Persons: Ismael Ozanne, John Chisholm, Chisholm, Diane Schlipper, , Heather Weininger, Ozanne, hasn't, Chisholm didn't, Michelle Velasquez, ” Velasquez, Roe, Wade, Joel Urmanski, Josh Kaul, Schlipper Organizations: Wisconsin, Capitol, Dane County, Dane, U.S, Associated Press, Republican, Democratic Locations: MADISON, Wis, Wisconsin's, . Wisconsin, Wisconsin, Milwaukee County, Ozanne, Madison and Milwaukee, U.S ., Sheboygan, Madison , Milwaukee, Sheboygan County
In her preliminary ruling on Friday that allowed the case to advance, Judge Diane Schlipper indicated that she did not believe that doctors could be prosecuted for performing consensual abortions before a fetus reached viability. She wrote that “there is no such thing as an ‘1849 abortion ban’ in Wisconsin.”The decision by Judge Schlipper, of the Circuit Court in Dane County, gave credence to the legal arguments used by abortion-rights supporters and kept open a judicial path to restore abortion access. Mr. Urmanski, a Republican, had previously indicated to local reporters that he would be open to prosecuting abortion providers under the 1849 law if a case was presented to his office. Mr. Urmanski said in an email on Friday that he was in court and had not yet reviewed the ruling. Two lawyers representing him in the case did not immediately respond to emails seeking comment.
Persons: Diane Schlipper, , Judge Schlipper, , Josh Kaul, Joel Urmanski, Urmanski Organizations: Republican Locations: Wisconsin, Dane County, Sheboygan County
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