A lawyer for a Wisconsin prosecutor filed the case to reinstate a 175-year-old abortion ban before the state Supreme Court on Monday.

Their argument comes more than two years after the U.S. Supreme Court overturned Roe v. Wade, which effectively ended recognition of a constitutional right to abortion and gave states the power to allow, limit or ban the practice altogether.

In December, Sheboygan County District Attorney Joel Urmanski appealed a Dane County judge’s ruling that there is no state ban on abortions, overturning the 175-year-old abortion ban.

While a ruling is not expected for weeks, abortion advocates are almost certain to win the case since liberal justices control the court.

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Janet Protasiewicz, 60, takes the oath of office as a State Supreme Court justice in the rotunda of the Wisconsin Capitol in Madison, Wisconsin, on August 1, 2023. (Sara Stathas for The Washington Post via Getty Images)

The Associated Press reported that one of the judges, Janet Protasiewicz, made comments during the election campaign saying she supports abortion rights.

Monday’s hearing lasted about two hours, although no decision was made.

Rebecca Dallet, another liberal judge, told Matthew Thome, the lawyer representing Urmanski, that prohibition was passed in 1849 by white men who had all the power.

Liberal Justice Jill Karofsky pointed out to Thome that the 1849 law does not provide exceptions for rape or incest, and reviving the ban could result in doctors not providing medical care.

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Ultrasound image of a baby at 19 weeks gestation. (Fox News)

Thome told the court Monday that he was not arguing about the implications of reinstating the abortion ban. Instead, he argued that the legal theory that new laws repeal old ones is shaky.

He also argued that the ban and new restrictions on abortion can overlap.

Thome argued to the justices that a ruling that the 1985 law effectively repealed the ban would be “undemocratic.”

“It’s a statute that this Legislature has not repealed, and you’re saying, no, they actually repealed it,” he said.

Judge Dallet told Thome that ignoring laws passed over the past 40 years up to 1849 would be undemocratic.

The state’s ban on abortion since 1849 remained in place until 1973, when the United States Supreme Court recognized the right to abortion nationwide in the landmark Roe v. Wade. But when the United States Supreme Court ruled in favor of the Dobbs decision and overturned Roe v. Wade on June 24, 2022, states regained the power to decide their own abortion laws.

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Wisconsin Attorney General Josh Kaul speaks at a campaign rally on Oct. 27, 2022, in Milwaukee.

Democratic Attorney General Josh Kaul filed suit defying the law in 2022. He argued that a 1985 Wisconsin law allowing abortions before a baby can survive outside the womb supersedes the ban.

Urmanski maintains that the ban was never repealed and that it can coexist with the 1985 law, since it did not legalize abortion at any time.

He also maintains that others modern abortion The restrictions do not legalize the practice.

Dane County Circuit Judge Diane Schlipper ruled last year that the ban prohibits feticide, or the killing of a fetus without the mother’s consent, but not consensual abortions.

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Thanks to the ruling, Planned Parenthood was able to resume offering abortions in Wisconsin after suspending procedures when Roe was overturned.

The Associated Press contributed to this report.