Current:Home > reviewsA 1931 law criminalizing abortion in Michigan is unconstitutional, a judge rules -EquityExchange
A 1931 law criminalizing abortion in Michigan is unconstitutional, a judge rules
View
Date:2025-04-16 06:15:34
ANN ARBOR, Mich. — Enforcement of Michigan's 1931 abortion ban was blocked Wednesday by a judge who replaced her temporary order with a permanent injunction.
Michigan Court of Claims Judge Elizabeth Gleicher ruled the Michigan Constitution's due process clause is expansive enough to cover reproductive rights.
"The Michigan Constitution protects the right of all pregnant people to make autonomous health decisions," she wrote, and later: "Exercising the right to bodily integrity means exercising the right to determine when in her life a woman will be best prepared physically, emotionally and financially to be a mother."
Gleicher's initial temporary order pre-dated the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization ruling in June.
Dr. Sarah Wallett, the chief medical officer for Planned Parenthood of Michigan, says this means abortion rights are protected while there's still a lot of litigation pending.
"But this does help reassure providers and patients who are really worried that that might not always be the case in Michigan," she told the Michigan Public Radio Network.
Michigan's dormant abortion law would threaten abortion providers with felony charges.
Gleicher's opinion was somewhat technical. It did not directly bar prosecutors from filing charges against abortion providers. Instead, she instructed Michigan Attorney General Dana Nessel to inform prosecutors that abortion rights remain protected. Nessel has already said she won't file charges under the 1931 law.
The distinction is meaningless, according to attorney David Kallman, who represents county prosecutors who say they are allowed to file criminal charges under the 1931 law.
"Unbelievable," he said. "Talk about a shift and a change in our constitutional form of government. I didn't realize the state of Michigan now, according to Judge Gleicher, controls and runs all 83 county prosecutors' offices in this state."
This is one of several abortion-related legal cases in play in Michigan. It could join at least three decisions that have been appealed to the Michigan Supreme Court. There's also a separate case that seeks to put an abortion rights amendment on the November ballot.
The court is expected to rule this week on a challenge to the petition campaign, which gathered nearly 750,000 signatures — a record — in an effort to put a proposed reproductive rights amendment on the November ballot.
veryGood! (288)
Related
- Juan Soto praise of Mets' future a tough sight for Yankees, but World Series goal remains
- Immigrants brought to U.S. as children are asking judges to uphold protections against deportation
- 16-year-old bicyclist struck, driven 4 miles while trapped on car's roof: Police
- Mandy Moore, choreographer of Eras Tour, helps revamp Vegas show
- Meet the volunteers risking their lives to deliver Christmas gifts to children in Haiti
- Travis Barker Shares Sweet Shoutout to Son Landon Barker for 21st Birthday
- Keanu Reeves, Sandra Bullock reunite to talk surviving 'Speed,' 30 years later
- Nicholas Pryor, Beverly Hills, 90210 and Risky Business Actor, Dead at 89
- The Louvre will be renovated and the 'Mona Lisa' will have her own room
- RHONY's Brynn Whitfield Debuts Dramatic Hair Transformation That Made Her Cry
Ranking
- 'Squid Game' without subtitles? Duolingo, Netflix encourage fans to learn Korean
- 3 out of every 5 gas stations in Tampa are out of fuel as Hurricane Milton approaches
- ‘The View’ co-hosts come out swinging at Donald Trump a day after he insulted them
- Tropicana Field shredded by Hurricane Milton is the latest sports venue damaged by weather
- Federal appeals court upholds $14.25 million fine against Exxon for pollution in Texas
- 'Love Island USA' star Hannah Smith arrested at Atlanta concert, accused of threatening cop
- Officials work to protect IV supplies in Florida after disruptions at North Carolina plant
- Fantasy football Start ‘Em, Sit ‘Em: 16 players to start or sit in Week 6
Recommendation
Could your smelly farts help science?
Last Chance! Hailey Bieber-Approved HexClad Cookware Deals Will Sell Out Soon—Shop Before Prime Day Ends!
Big Ten clash between Ohio State and Oregon leads college football Week 7 predictions for Top 25 games
Sean 'Diddy' Combs' lawyers accuse government of leaking video of Cassie assault
IRS recovers $4.7 billion in back taxes and braces for cuts with Trump and GOP in power
Harris faces new urgency to explain how her potential presidency would be different from Biden’s
Crane collapses into building where Tampa Bay Times is located: Watch damage from Milton
Jeremy Strong and Sebastian Stan on ‘The Apprentice': ‘We’re way out on a limb’