Wisconsin 1849 abortion ban challenge in court, activists weigh in

A challenge to Wisconsin's 1849 abortion ban returns to court Thursday, May 4, and activists on both sides are weighing in.

The expectation is that this will head to the Wisconsin Supreme Court.

Attorney General Josh Kaul brought that lawsuit just four days after the Supreme Court overturned Roe v. Wade in June 2022.

Pro-choice groups say it's a step in the right direction while pro-life groups say they'll keep working regardless.

"This is a very important time," said Lauren Forbush. "This year has gone by very fast."

Ten months after the Dobbs decision overturned Roe v. Wade, leaders of Reproductive Justice Action - Milwaukee said it's time for Wisconsin to repeal its abortion ban which has no exceptions for rape or incest.

"We are pretty confident that it will be overturned in the next several months, and that's why we're calling on people to organize because Roe is the floor, and we need there to be much more access to abortion," said Forbush. 

The group's demands don't stop there. They're calling for lawmakers to codify abortion access and more access to contraceptives as part of a protest scheduled for June 24, the one-year anniversary of the Dobbs decision.

"Only when you have access do you actually have a choice," said Hayley McNeill.

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Across the aisle, Gracie Skogman with Wisconsin Right to Life said she's worried about the fate of the state's abortion law given the court will lean left come August.

"The mission has always remained the same, and that is to ensure that women are given full supportive options, specifically when they want to choose life for their children," said Skogman.

She said the group will celebrate June 24 as a day that saved thousands of lives and keep working to support them.

"It's about having those personal, one-on-one conversations with women and ensuring that they have the support and resources they need in those critical moments," said Skogman.

Kaul's lawsuit argues the state's abortion ban is unenforceable.