(WXYZ) — A judge for Michigan's Court of Claims has put an injunction in place barring enforcement of Michigan's 1931 ban on abortion, should the U.S. Supreme Court overturn Roe Vs. Wade.
The ruling comes in a case brought by Planned Parenthood against Attorney General Dana Nessel. The court found that although Nessel has said he would not enforce the abortion ban if Roe is overturned, that would not stop enforcement of the law in the State of Michigan.
In her ruling putting the temporary injunction into place, Judge Elizabeth Gleicher wrote that Planned Parenthood has a high likelihood of winning on the merits of their lawsuit challenging the constitutionality of MCL 750.14, Michigan's abortion ban.
Today's ruling does not overturn Michigan's abortion ban, however. The case is expected to continue working its way through the courts until a final decision is reached.
The U.S. Supreme Court is set to issue its ruling on abortion at any time. A leaked draft opinion authored by Justice Samuel Alito indicated that the court would overturn Roe and Casey and return the issue of the legality of abortion to the states. However, that ruling has not been formally issued, so it remains unclear exactly what the court's final action on the case will be.
Governor Gretchen Whitmer issued a statement after the judge granted the preliminary injunction.
“Today marks an important victory for Michiganders,” said Governor Whitmer. “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.
“But our work is not over,” Whitmer continued. “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.”
Michigan Attorney General Dana Nessel also released a statement saying, ““This injunction is a victory for the millions of Michigan women fighting for their rights. 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.”
Read the full opinion:
SecondPPDocument_2022-05-17_123938 by WXMI on Scribd
