Michigan court stops enforcement of 1931 near-total abortion ban
LANSING, Mich. — A Michigan court has decided to stop the enforcement of a 1930s-era abortion ban that would go back into effect if the landmark abortion ruling, Roe v. Wade, is overturned by the U.S. Supreme Court.
The 1931 law criminalizes all abortions except for those that would threaten the life of the mother. A challenge to Roe v. Wade, which enshrines a constitutional right to abortion, is being considered in the Supreme Court, which indicated in a leaked draft opinion that it would overturn Roe. That would trigger the 1931 ban to immediately go back into place in Michigan.
Michigan Court of Claims Judge Elizabeth Gleicher granted a preliminary injunction in favor of Planned Parenthood in a Tuesday order, with Gleicher writing that "forced pregnancy, and the concomitant compulsion to endure the medical and psychological risks accompanying it, contravene the right to make autonomous medical decisions."
Planned Parenthood filed the lawsuit against the State of Michigan - and its top law enforcement officer, Attorney General Dana Nessel - in April, seeking a stop to future enforcement of the abortion ban.
Nessel has said repeatedly that she would not enforce the abortion ban should it go back into place, and celebrated the injunction in a Tuesday statement.
“This injunction is a victory for the millions of Michigan women fighting for their rights," Nessel said. "The judge acted quickly in the interest of bodily integrity and personal freedom to preserve this important right and found a likelihood of success in the state law being found unconstitutional. I have no plans to appeal and will comply with the order to provide notice to all state and local officials under my supervision.”
Gov. Gretchen Whitmer has also filed a lawsuit, seeking the input of the Michigan Supreme Court, on whether the state's constitution supports the right to an abortion.
In a statement following the the court's decision on the Planned Parenthood lawsuit, Whitmer said the action marked an "important victory for Michiganders," saying the opinion "will help ensure that Michigan remains a place where women have freedom and control over their own bodies."
“While today’s preliminary injunction offers immediate, critical relief, we need the Michigan Supreme Court to weigh in and establish the right to abortion under our state constitution," Whitmer continued. "We must protect the rights of nearly 2.2 million women in Michigan to make decisions about their bodies because, however we personally feel about abortion, a woman’s health, not politics, should drive important medical decisions.”
The Alliance Defending Freedom, a Scottsdale, Arizona-based conservative legal advocacy group, is defending two Michigan organizations that have intervened in both the Planned Parenthood and Whitmer suits, seeking to keep the abortion ban in place.
Alliance Defending Freedom senior counsel John Bursch, representing Right to Life of Michigan and the Michigan Catholic Conference, said Tuesday evening his clients are "unquestionably going to take legal action" in the suit, with Bursch noting further legal steps should be expected by the end of the week.
Bursch called the Court of Claims ruling "egregious" in a statement, noting that Nessel had no plans to defend the 1931 law, and claiming the judge had no jurisdiction in the case.
“What’s more, the Michigan Court of Appeals previously held that the same pro-life law is valid under Michigan’s Constitution—in a case where Planned Parenthood was represented by the same judge who issued today’s ruling," continued Bursh. "Michigan citizens are entitled to neutral decision makers, and government officials have a duty to uphold the law and protect their citizens, including unborn children.”
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Planned Parenthood responded to the court's injunction, with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, calling it a "victory."
“This ruling that blocks enforcement of Michigan’s 90-year-old law means that abortion access in the state will remain protected even when the Supreme Court issues its final opinion, and our fight can continue for permanent relief against this antiquated and dangerous ban,” said McGill Johnson. “Planned Parenthood has long vowed to do everything in its power to protect access to abortion, and this ruling in Michigan is a victory in our effort to make sure nothing comes between patients and their freedom to control their own bodies, lives, and futures.”
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