CNA Staff, Dec 7, 2023 / 16:45 pm
A Wisconsin circuit court judge has affirmed her earlier ruling that an 1840s law protecting unborn children does not outlaw abortion.
Dane County Circuit Court Judge Diane Schlipper wrote in her Dec. 5 ruling that the 1849 law “does not apply to consensual abortions but to feticide.”
The statute in question says that “any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.” After the U.S. Supreme Court overturned Roe v. Wade, the law was reactivated but has since been enmeshed in legal challenges.
“The court declares Wis. Stat. § 940.04 does not prohibit abortions,” Schlipper wrote.