this post was submitted on 07 Dec 2023
284 points (99.7% liked)

News

23275 readers
3502 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

A Wisconsin circuit court judge has ruled that an 1849 law that classifies the destruction of a fetus by someone other than the mother as a felony does not outlaw abortions, returning the state’s abortion access to its pre-Dobbs status.

Dane County Circuit Court Judge Diane Schlipper on Tuesday reaffirmed a ruling she issued earlier this year, finding that an 1800s-era law “does not apply to consensual abortions, but to feticide.”

After the Supreme Court overturned the landmark 1973 Roe v. Wade ruling in 2022, the question was raised over whether a Wisconsin state law passed in 1849 could go into effect. Roe had effectively invalidated the law when it was in effect.

you are viewing a single comment's thread
view the rest of the comments
[–] ratman150@sh.itjust.works 47 points 11 months ago (3 children)

Why are we even considering a ~180 yr old law as something relevant today?

I'm glad I think that this seems to be good news but it's absolutely insane to me that it's based on a decision older than some states.

[–] TechyDad@lemmy.world 43 points 11 months ago (1 children)

For better or worse, laws apply from when they are enacted to when they are repealed or superseded. (Repealed includes laws with clauses that state it only applies for X years or that it needs to be renewed every Y years and the law doesn't get renewed.)

That being said, there are all too often laws that are technically applicable but whose usefulness has long since passed. In these cases, the law still applies but the state legislature needs to pass a bill to repeal it (or supersede it).

[–] atzanteol@sh.itjust.works 18 points 11 months ago (1 children)

Why are we even considering a ~180 yr old law as something relevant today?

How old do you think murder laws are?

[–] ThePantser@lemmy.world -5 points 11 months ago (2 children)

Point made but those laws would be passed unanimously no matter the year, nobody wants to be murdered. Better point would be decency laws where it's crazy that men can be topless but women can't. Those laws are old too.

[–] gregorum@lemm.ee 4 points 11 months ago* (last edited 11 months ago) (1 children)

Fun fact: it’s actually legal for women to be topless in New York due to a lawsuit over this very issue.

[–] ThePantser@lemmy.world 1 points 11 months ago

Yes, but abortion is also legal in some places that's why I used that as a better example.

[–] atzanteol@sh.itjust.works 3 points 11 months ago

I mean, you say "it's obvious" but we don't know it to be true unless people vote on it. "Obvious" to you can be "controversial" to somebody else (e.g. it depends on who is being killed and why).

There are many laws older than 100 years that we keep for good reason. Most of the US constitution, theft, land rights, etc. There's absolutely no reason to think negatively about a law simply based on how "old" it is. If people change their minds over time we pass new laws to reflect that. That's "how it works". You can't simply say "bah, that's an old weird law lets ignore it now."

[–] WhoresonWells@lemmy.basedcount.com 1 points 11 months ago (1 children)

Seems simpler for the good people of Wisconsin to just vote on a new law that says whatever they think is proper. Obstetric science has advanced somewhat since the time when Ignaz Semmelweis first proposed doctors washing their hands before delivering babies (especially if they'd just come form the cadaver lab), so some of the reasoning behind the 1849 law might be out of date.

Unfortunately, that would require certain politicians to go on record about something that might be used against them if they later ran a national campaign, so better to let the court take the matter out of their hands and (mis-?)interpret an old law in a politically advantageous way.

[–] Corigan@lemm.ee 3 points 11 months ago

Sadly as a past resident of Wisconsin referendum votes are nonbinding and the Republican held house and Senate ignore them and the people of Wisconsin.

If it wasn't the case they would have had legal cannabis long ago.

The gerrymandered state is so frustrating and is barely resisting a further descent into regressive policy by a decent governor.