MADISON, WI (AP)— A judge has ruled that a lawsuit seeking to repeal Wisconsin's 174-year-old abortion ban can continue.
The U.S. Supreme Court's landmark 1973 Roe v. Wade ruling nullified the ban, but the court's decision last year to overturn that landmark ruling reactivated it. Wisconsin's Democratic attorney general, Josh Kaul, filed a lawsuit arguing the ban is too old to enforce, and a 1985 state law that outlaws post-viability abortions supersedes it.
Joel Urmanski, a Republican prosecutor named as a defendant, asked Dane County Circuit Judge Diane Schlipper to dismiss the lawsuit. Schlipper refused the request Friday, letting the case continue. She wrote in her ruling that the ban only prohibits attacking a mother to kill her unborn child, not consensual abortions.
