Post-Dobbs Abortion Law in Wisconsin: A Case for Doctrinal Desuetude

Since 1849, Wisconsin has had a law that almost entirely banned abortions for any reason. When Roe v. Wade was decided in 1973, this law was declared unconstitutional. For the next 49 years this abortion law could not be enforced, but it remained a part of Wisconsin law. In 2022, in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overturned Roe v. Wade. Suddenly, the 1849 abortion law, having been unconstitutional and unenforceable for almost a third of its existence, was suddenly enforceable again. Maybe.… Continue reading Post-Dobbs Abortion Law in Wisconsin: A Case for Doctrinal Desuetude