Current:Home > NewsA 1931 law criminalizing abortion in Michigan is unconstitutional, a judge rules -AssetTrainer
A 1931 law criminalizing abortion in Michigan is unconstitutional, a judge rules
View
Date:2025-04-18 17:40:09
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! (28)
Related
- IRS recovers $4.7 billion in back taxes and braces for cuts with Trump and GOP in power
- The Lions might actually be ... good? Soaring hype puts Detroit in rare territory.
- Every Hollywood awards show, major movie postponed by writers' and actors' strikes
- Kristin Chenoweth marries musician Josh Bryant
- Backstage at New York's Jingle Ball with Jimmy Fallon, 'Queer Eye' and Meghan Trainor
- 3 dead at Minnesota's Breezy Point Resort; police investigate deaths
- Howie Mandel Reacts After Getting Booed by America's Got Talent Audience for Criticizing Kids Act
- West Virginia governor wants lawmakers to revisit law allowing high school athletic transfers
- Trump suggestion that Egypt, Jordan absorb Palestinians from Gaza draws rejections, confusion
- Green groups sue, say farmers are drying up Great Salt Lake
Ranking
- Can Bill Belichick turn North Carolina into a winner? At 72, he's chasing one last high
- Poccoin: Cryptocurrency Through Its Darkest Moments
- A popular climbing area in Yosemite National Park has been closed due to a crack in a granite cliff
- How Pippa Middleton and James Matthews Built Their Impressive Billion-Dollar Empire
- What to know about Tuesday’s US House primaries to replace Matt Gaetz and Mike Waltz
- Coco Gauff takes the reins of her tennis career, but her parents remain biggest supporters
- Chuck E. Cheese to give away 500 free parties to kids on Sept. 7, ahead of most popular birthday
- Feds: Former LA deputy who arrested man for no reason will plead guilty to civil rights charges
Recommendation
DoorDash steps up driver ID checks after traffic safety complaints
Kim Jong Un plans to meet Vladimir Putin in Russia, U.S. official says
Massachusetts pizza place sells out after Dave Portnoy calls it the worst in the nation
Tired of 'circling back' and 'touching base'? How to handle all the workplace jargon
Could your smelly farts help science?
Out-of-state residents seeking abortion care in Massachusetts jumped 37% after Roe v. Wade reversal
Idalia swamped their homes. They still dropped everything to try and put out a house fire.
Iowa State QB Hunter Dekkers among 5 ISU, Iowa athletes to plead guilty to underage gambling