Updates About Supreme Court Rulings

On Wednesday, July 6, Michigan’s Republican-led Legislature appealed a Michigan Court of Claims temporary injunction, which stopped enforcement of a 1931 law that outlaws abortion under nearly any circumstance.

Following the overturning of Roe vs. Wade, the state courts’ jurisdiction over the constitutional right to an abortion has come into focus for both sides of the debate. The Court of Claims injunction, which came at the request of Planned Parenthood, cited a “substantial likelihood” that the 1931 law violates the due process clause of the Michigan constitution. It was praised by abortion rights groups and elected officials, including Governor Gretchen Whitmer.

The Legislature references the U.S. Supreme Court’s decision Dobbs vs. Jackson Women’s Health to support its argument, and in doing so underscores the importance of the democratic process to find common ground on a polarizing issue.

This case is distinct from another suit filed by Right to Life Michigan and Michigan Catholic Conference. It is also distinct from an executive message filed by Governor Gretchen Whitmer requesting the Michigan Supreme Court immediately resolve the question of whether Michigan’s Constitution protects a woman’s right to an abortion. It is probable that the constitutionality of abortion rights will ultimately make its way to the Michigan Supreme Court.