Judge suspends Michigan abortion ban while US awaits SCOTUS decision on Roe v. Wade

Judge suspends Michigan abortion ban while US awaits SCOTUS decision on Roe v. Wade
Published: May. 17, 2022 at 2:19 PM EDT|Updated: May. 17, 2022 at 5:06 PM EDT
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DETROIT (WILX) - A judge has suspended a 1931 Michigan law that bans abortion throughout the state.

According to the AP, the Michigan law will be suspended while the US awaits a Supreme Court decision on overturning Roe v. Wade.

Prior coverage: What happens in Michigan if Roe v. Wade is overturned?

The decision was made in the case of Planned Parenthood and Dr. Sarah Wallett. They had filed the lawsuit with the intent of getting the law off of Michigan’s books before the leak of a draft opinion suggesting that the Supreme Court was preparing to overturn Roe v. Wade.

The 1931 law makes it a felony to provide an abortion and threatens physicians with prison time. It does not make exceptions in the case of rape or incest.

Planned Parenthood organizers wrote about what could happen, and why they chose to file the suit, on their website.

“Michigan is one of 26 states that could move to eliminate abortion access if the U.S. Supreme Court overturns Roe,” they wrote, which it could do any day in its impending decision in Dobbs v. Jackson Women’s Health Organization.”

The law also makes adultery and gambling on horses illegal.

“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,” said Governor Gretchen Whitmer. “It will help ensure that Michigan remains a place where women have freedom and control over their own bodies.”

Background: ‘She’s using every single tool she has’ -- Why Michigan Dems are fighting to repeal a 1931 abortion law

Court of Claims Judge Elizabeth Gleicher granted a preliminary injunction sought by Planned Parenthood of Michigan.

“From a constitutional standpoint, the right to obtain a safe medical treatment is indistinguishable from the right of a patient to refuse treatment,” Gleicher said.

The Supreme Court, however, could overturn that decision by summer, leaving abortion issues for each state to decide.

A copy of the 1931 law is included below.


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