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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.
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babies (especially if they'd just come form the cadaver lab), so some of the reasoning behind the 1849 law might be out of date.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.
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.