Protesters in the Wisconsin Capitol Rotunda during a march supporting the overturning of Wisconsin's near-total ban on abortion in Madison in 2023. (AP Photo/Morry Gash)
"We conclude that comprehensive legislation enacted over the last 50 years regulating in detail the 'who, what, where, when, and how' of abortion so thoroughly covers the entire subject of abortion that it was meant as a substitute for the 19th century near-total ban on abortion," Dallet wrote.
"Accordingly, we hold that the legislature impliedly repealed [the 1849 ban] to abortion, and that [that law] therefore does not ban abortion in the State of Wisconsin."
Conservative Justice Annette Ziegler, in a dissent, described the ruling as "a jaw-dropping exercise of judicial will" and charged that the liberal justices ruled on the matter based on their personal preferences.
The 1849 law, and efforts to revive it, came to the fore in Wisconsin in 2022, after the U.S. Supreme Court ruled to overturn Roe v. Wade — effectively snapping back into place the state law that had been dormant for decades.
JUDGES V, TRUMP: HERE ARE THE KEY COURT BATTLES HALTING THE WHITE HOUSE AGENDA
Elon Musk, CEO of Tesla Inc., wears a cheesehead hat during an America PAC town hall ahead of the Wisconsin Supreme Court election at the KI Convention Center in Green Bay, Wis., March 30, 2025. (Jamie Kelter Davis/Bloomberg)
Musk personally donated $3 million to the Wisconsin Republican Party earlier this year, while his two super PACs spent more than $17 million on Schimel's behalf.
Wisconsin Gov. Tony Evers praised the state Supreme Court decision Wednesday, describing it as a win "for women and families" and healthcare professionals in the state.
CLICK HERE TO GET THE FOX NEWS APP
"Three years ago, the U.S. Supreme Court upended five decades of precedent and threw reproductive freedom in Wisconsin and across our country into chaos," Evers said in a statement. "I promised then to fight like hell to ensure every Wisconsinite has the freedom to consult their family, their faith and their doctor and make the reproductive healthcare decision that is right for them, and I've never stopped.
"Today, the Wisconsin Supreme Court upheld that basic freedom."
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/wisconsin-supreme-court-decides-abortion-case-prompted-most-expensive-judicial-election-us-history