Court of Claims Rules 1931 Abortion Law is Unconstitutional
Update: Sep 5-16, 2022
On September 7, Michigan Court of Claims Judge Elizabeth Gleicher ruled that Michigan’s 1931 abortion ban law is unconstitutional. In the ruling, Judge Gleicher found that the current law violates the due process and equal protection clauses in the Michigan Constitution.
Following the decision in Dobbs v. Jackson Women’s Health Organization issued by the U.S. Supreme Court earlier this year, which returned abortion decisions back to the states, Michigan’s abortion ban has not gone into effect due to multiple injunctions. The 1931 law in Michigan bans abortions except in the case where the mother’s life is in danger.
In the ruling, Gleicher stated that enforcement of the 1931 law would “deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law… Enforcement also threatens pregnant women with irreparable injury because without the availability of abortion services, women will be denied appropriate, safe and constitutionally protected medical care.”