“An agreement to update the disputed law could very well undercut the current legal challenge,” said UW-Madison Law School associate professor Robert Yablon. “If an amendment were to build on the 1849 law, that could well be interpreted as an acknowledgement that the 1849 law (as amended) continues to apply.”
“If those exceptions were instead adopted as stand-alone measures separate from the disputed law, it might be less likely that the current lawsuit would be affected.”