Michigan State Capitol building, Lansing. Photo courtesy Brian Charles Watson/Wikipedia.Michigan State Capitol building, Lansing. Photo courtesy Brian Charles Watson/Wikipedia.
Windsor

Michigan court blocks state's 1931 abortion law

An almost-total ban on abortion in Michigan, on the books for over 90 years, has been blocked by a state judge.

The Detroit News reported Wednesday that the state's 1931 law, barring most forms of abortion, was declared unconstitutional by State Court of Claims Judge Elizabeth Gleicher, who put a permanent injunction on the law.

As reported by The News, Gleicher wrote 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. Enforcement also threatens pregnant women with irreparable injury because, without the availability of abortion services, women will be denied appropriate, safe and constitutionally protected medical care."

With that, abortion remains legal in the Wolverine State, at least for now. The law was one of many state statutes across the U.S. that fell under scrutiny after the U.S. Supreme Court overturned the 1973 Roe v. Wade decision, which allowed nationwide access to the procedure.

The Roe v. Wade ruling had superseded Michigan's 1931 law, which made abortion unlawful except in cases where the mother's life is in danger.

Despite the permanent injunction being in place, there are cases connected to the abortion law before the Michigan Supreme Court. One is an executive order filed in an Oakland County court by Governor Gretchen Whitmer. Another is an appeal of a ruling by the Michigan State Court of Appeals to keep Gleicher on the case involving the state and Planned Parenthood of Michigan.

The state's highest court is also expected to rule on placing the question of allowing abortion in Michigan on the November ballot. While a petition brought forth more than enough signatures for the ballot, the state's Board of Canvassers was deadlocked on certification, which keeps the question off the ballot under Michigan law until the court rules.

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