Judge Declares Michigan Abortion Law Illegal; Whitmer, Nessel Pleased

Governor Gretchen Whitmer released the following statement after the Michigan Court of Claims ruled that Michigan’s extreme 1931 law banning abortions without exceptions for rape or incest and criminalizing nurses and doctors for doing their jobs is unconstitutional. The governor has been fighting for months to protect reproductive freedom in Michigan, and today’s ruling reinforces the governor’s position that Michiganders have control over their own bodies under the state constitution. The Michigan Supreme Court has yet to rule on the constitutionality of the abortion ban, a step that will help provide certainty about the legal status of abortion in Michigan.

“Today, the courts have ruled once again that Michigan women have the right to make medical decisions with their health care provider and those they trust. I have been fighting like hell to protect reproductive freedom in Michigan for months and am grateful for today’s lower court ruling declaring our extreme 1931 abortion law unconstitutional.

“However, this decision is likely to be challenged, and we know that there’s a group of extremists who will stop at nothing to ban abortion even in cases of rape and incest. With our rights still hanging by a thread, the Michigan Supreme Court needs to provide certainty and rule on my lawsuit to protect the right to abortion in the state constitution. I will keep using every tool in my toolbox to protect women, nurses, and doctors here in Michigan.

“While other states—and even some politicians in Lansing—take steps to control women’s bodies by defending extreme restrictions on abortion and health care, I will fight like hell for reproductive freedom. To those seeking freedom and bodily autonomy—whether you’re a young professional deciding where to begin your career or a mom trying to take care of the kids you already have, my message is simple: we respect women’s rights in Michigan. This is a home of opportunity and limitless possibility.”

Attorney General Dana Nessel issued the following statement after Judge Elizabeth Gleicher ruled Michigan’s criminal abortion statute unconstitutional and permanently enjoined its enforcement:

“Abortion is essential healthcare, and this order ensures access to reproductive care for all Michigan women. While legal victories like today’s preserve access to abortion care for now, ensuring women have the right to make personal healthcare decisions today and in the future must be pursued at the ballot box.

In 2018, when I campaigned to be Michigan’s Attorney General, I did so knowing the fate of Roe v. Wade was at stake. Unenforced and antiquated pre-Roe abortion bans and laws, like the 1931 Michigan statute criminalizing abortion, became de facto state law when Roe was overturned.

As Attorney General, I have used the resources of my department to ensure access to care at every opportunity, but our fundamental rights should not be subject to the discretion of elected office holders. All Michiganders have a duty to ensure their rights are preserved and protected.”

On May 17, Judge Gleicher issued a preliminary injunction in Planned Parenthood of Michigan v Attorney General of the State of Michigan, enjoining any enforcement of MCL 750.14 by Nessel.

In today’s ruling, Judge Gleicher determined that, “MCL 750.14 is facially unconstitutional because its enforcement would deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law. Based on the reasoning set forth in the Court’s opinion, plaintiffs have proven actual success on the merits of these two aspects of their pleaded claims, and that they have no alternative or adequate remedy other than permanent injunctive relief to preserve their constitutional rights.”

Judge Declares Michigan Abortion Law Illegal; Whitmer, Nessel Pleased

Comments

Leave a Reply Cancel reply

Local News from the RRN News Center