Judge Rules Michigan’s 1931 Abortion Ban Is Unconstitutional, Permanently Blocks Enforcement
- September 09, 2022
Michigan’s criminal abortion ban is unconstitutional and may not be enforced, a state court judge ruled September 7.
The Supreme Court’s decision overturning Roe v. Wade would have revived Michigan’s 1931 law banning abortion, with no exception for rape or incest. However, the law has been subject to a preliminary injunction since before the Court issued its decision in Dobbs v. Jackson Women’s Health Organization in June.
Michigan Court of Claims Judge Elizabeth Gleicher now issued a permanent injunction of the law in a challenge brought by Planned Parenthood, which argued the statute violated due process and equal protection under the Michigan Constitution and state civil rights laws. Judge Gleicher held the law was unconstitutional on its face.
In issuing a permanent injunction, Gleicher wrote that enforcement of the law “threatens pregnant women with irreparable injury because without the availability of abortion services, women will be denied appropriate, safe, and constitutionally protected medical care."
“Today, the courts have ruled once again that Michigan women have the right to make medical decisions with their health care provider and those they trust,” Michigan Governor Gretchen Whitmer said in a statement. Noting the lower court’s decision was likely to be challenged, Whitmer urged the Michigan Supreme Court to rule on a separate lawsuit that she filed in April, which argues that the Michigan Constitution protects the right to abortion. Planned Parenthood of Mich. v. Attorney Gen. of the State of Mich., No. 22-000044-MM (Mich. Ct. Claims Sept. 7, 2022).
Meanwhile, in other developments, the Michigan Supreme Court ordered a proposed measure to enshrine abortion protections in the state constitution be added to the November 8 ballot.
In a 5-2 ruling, the high court found the Reproductive Freedom For All petition satisfied the statutory requirements for inclusion on the general election ballot. The Michigan Board of State Canvassers previously refused to certify the petition for inclusion on the upcoming ballot because of alleged insufficient spacing in the text.
"It is undisputed that there are sufficient signatures to warrant certification" and that the "'full text' of the amendment is present" in 8-point type as required. "[T]he petition has fulfilled all statutory form requirements, and the Board thus has a clear legal duty to certify the petition," the high court said.