MADISON, Wis. (WRN) — Will a 1849 ban on infanticide remain as a ban on abortion in Wisconsin?
That was the matter up for oral arguments at the Wisconsin Supreme Court on Monday. Liberal Justice Jill Karofsky says the old law and a newer 2015 law allowing for abortions can’t exist in the same space.
“I am talking about the fact that these two statutes are irreconcilable, and that under your interpretation, we are leaving the decision up to hospital ethicists and hospital attorneys instead of medical providers, and that concerns me greatly,” Karofsky said.
Conservative Justice Brian Hagedorn disagreed, and says this is a matter for the legislature, not the Supreme Court.
“The judiciary doesn’t get to edit laws. The judiciary doesn’t get to rewrite them. We didn’t delete it. We prevented its enforcement,” Hagedorn said.
Hagedorn referring to the time when the US Supreme Court Roe v Wade decision made abortions constitutional. It’s expected that the liberal majority on the court will rule against the older law, but that could take some time before an opinion is handed down.