LANSING (WWJ) -- A judge has struck down Michigan's 1931 anti-abortion law, months after suspending it.
In her ruling Wednesday, Court of Claims Judge Elizabeth Gleicher said the law violates the Michigan Constitution.
The old law, which was basically nullified until U.S. Supreme Court in June overturned Roe v. Wade, makes it a crime to perform abortions unless the life of the mother is in danger.
"I can't say that this is a total surprise, given the fact that we've been talking about this for awhile, and it's the same judge that earlier in the year said that the 1931 law was unconstitutional," reported WWJ's Charlie Langton. "But she only issued at that time a temporary restraining order."
On Wednesday, Gleicher issued a 39-page opinion saying that the law is unconstitutional. And this time, it's a permanent injunction. View a copy of the order.
This means, Langton said: "No prosecutor in the state — and that goes for the Attorney General as well — can prosecute any doctor or anybody if they're having an abortion."
In the ruling, Gleicher determined that the law "is facially unconstitutional because its enforcement would deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law. Based on the reasoning set forth in the Court’s opinion, plaintiffs have proven actual success on the merits of these two aspects of their pleaded claims, and that they have no alternative or adequate remedy other than permanent injunctive relief to preserve their constitutional rights.”
Summing up the ruling, Langton said: "Women have a right to an abortion, they have a right to privacy, and dictate what they want to do with their bodies, and the harm to the prosecution side is minimal, where as it is extreme harm to the women."
But this doesn't mean it's a done deal.
There likely will be an appeal, and Langton said the case will likely end up in the state Supreme Court.
Attorney General Dana Nessel issued a statement praising the judge's ruling.
“Abortion is essential healthcare, and this order ensures access to reproductive care for all Michigan women," Nessel said. "While legal victories like today’s preserve access to abortion care for now, ensuring women have the right to make personal healthcare decisions today and in the future must be pursued at the ballot box.
In a separate case, the Michigan Supreme Court is still considering whether to place a proposed amendment on the Nov. 8 ballot regarding abortion rights. The ballot question would ask voters if they would like to add the right to have an abortion to the Michigan Constitution.
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