MADISON, WI (AP)— Attorneys for a Republican prosecutor are urging a judge to toss out a lawsuit challenging Wisconsin state's 174-year-old abortion ban.
The ban was voided for almost 50 years after the 1973 U.S. Supreme Court decision legalizing abortion nationwide. When the high court struck down Roe v. Wade last year, the ban reactivated.
The state attorney general filed a lawsuit in June arguing that a Wisconsin law from 1985 is actually the one that should govern the state. That statute allows abortion up until a fetus is viable.
Sheboygan County District Attorney Joel Urmanski has filed a motion to dismiss the case. His attorneys argued during a hearing Thursday that other statutes limiting abortion complement the ban rather than supersede it.
