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Michigan court temporarily stops enforcement of state's 1931 abortion ban

Jodi Westrick
Michigan Radio

The Michigan Court of Claims has granted a preliminary injunction in a lawsuit filed by Planned Parenthood of Michigan and Dr. Sarah Wallett. This decision temporarily halts the enforcement of the state’s 1931 abortion ban if Roe v. Wade is overturned.

This decision itself does not declare the 1931 law, which makes abortion a felony and does not grant exceptions for rape or incest, unconstitutional. Instead, it grants time for the legal challenges to proceed before allowing the law to take effect.

Court of Claims Judge Elizabeth Gleicher released the decision early Tuesday afternoon, and said that she sees “a strong likelihood the plaintiffs will succeed on the merits of their constitutional challenge.”

According to Gongwer, anti-abortion groups called for Gleicher’s recusal from the case, based on her previous contributions to Planned Parenthood of Michigan and prior work with the ACLU.

Governor Gretchen Whitmer has also filed a separate lawsuit asking the Michigan Supreme Court to overturn the 1931 law. The court has not yet issued a decision on that case, and has not indicated when a decision may be made.

In early May, a draft U.S. Supreme Court opinion was leaked, indicating Roe would likely be overturned, spurring the lawsuits against Michigan's long dormant law against abortions.

Copyright 2022 Michigan Radio. To see more, visit Michigan Radio.

Emma Ruberg
Emma is currently the online news intern at Michigan Radio. In addition to covering news, she assists with The Environment Report and other programs. Emma is a senior at the University of Michigan majoring in Communication Studies and Screen Arts & Cultures, and plans to pursue radio and digital journalism in the future. When she's not at Michigan Radio, Emma can be found at various coffee shops around Ann Arbor.