(WWJ) – A Michigan Court of Claims judge has suspended enforcement of the state’s dormant 1931 near-total ban on abortions, which could go back into effect if Roe v. Wade is overturned by the U.S. Supreme Court.
Judge Elizabeth Cleicher granted a preliminary injunction to Planned Parenthood of Michigan that would stall the 1931 law, which was set to go back into effect in the event that the 1973 landmark case of Roe v. Wade is overturned.
The 1931 law would make it a felony to get an abortion, unless the mother's life was at risk.
Gleicher deemed the law to be unconstitutional, as – among other reasons – it infringes on the fundamental right to personal autonomy.
She wrote in an opinion that Planned Parrenthood was likely to succeed on any arguments that "forced pregnancy" is a threat to a woman's constitutional right to bodily integrity.
"Forced pregnancy, and the concomitant compulsion to endure the medical and psychological risks accompanying it, contravene the right to make autonomous medical decisions," Gleicher's opinion says.
The judge’s full ruling is available to read online.
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John Bursch with the pro-life group Alliance Defending Freedom, called it a “rogue decision” from a judge, who as an attorney defended Planned Parenthood in an abortion case.
“The same judge makes annual contributions to Planned Parenthood. In fact, indirectly, subsidizing the very litigation she is now deciding and has also received an award for a Planned Parenthood advocate. She should have recused herself from this case.”
He says the group definitely plans to take action and will decide what that is by the end of the week.
In a statement released Tuesday afternoon, Gov. Gretchen Whitmer called it “an important victory for Michiganders.”
“The opinion from the Michigan Court of Claims is clear and sends the message that Michigan’s 1931 law banning abortion, even in cases of rape or incest, should not go into effect even if Roe is overturned. It will help ensure that Michigan remains a place where women have freedom and control over their own bodies,” Whitmer’s statement says.
“But our work is not over,” Whitmer said. “I want every Michigander to know: no matter what happens in DC, I’m going to fight like hell to protect access to safe, legal abortion in Michigan. That’s why last month, I filed a lawsuit and used my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion once and for all. 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. 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.”
“This injunction is a victory for the millions of Michigan women fighting for their rights," Attorney General Dana Nessel said in a statement. "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.”
WWJ has reached out to Planned Parenthood and Nessel -- the defendant in this case -- for comment.
Stay tuned to WWJ Newsradio 950 for the latest coverage on this developing story.
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