More proof that abortion wins elections.
A challenge to this ban has been working its way through the courts, raising the stakes in Tuesday’s election. Conservatives currently hold a 4-3 majority, but now that Protasiewicz will fill the seat of a retiring conservative justice, the lawsuit that aims to overturn the 1849 ban will be heard by a liberal majority later this year.
There’s a chance the court not only lifts the ban but decides that the state constitutionally protects abortion.to overturn the 174-year-old ban at the request of Governor Tony Evers, a fellow Democrat. Kaul has argued before the court that a 1985 law allowing abortion up until viability, which was implemented following, supersedes the 19th-century ban.
The legal challenge has slowly been moving through the courts, and it is likely to be heard by the Wisconsin Supreme Court after Protasiewicz is sworn in in August. But a liberal-leaning majority could go further than overturning the ban. The court could rule that abortion is protected under Wisconsin’s state constitution, which would prevent anti-choice lawmakers from further restricting the procedure.
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