Abortion Ban Law Suspended By Michigan Judge: Report

MICHIGAN — A Michigan judge suspended enforcement of the state's 1931 abortion ban law Tuesday, saying the law violates the state constitution, according to multiple reports.

The injunction issued by Michigan Court of Claims Judge Elizabeth Gleicher means the state cannot enforce the 1931 law if the U.S. Supreme Court throws out Roe v. Wade, which it seems poised to do.

Gleicher's preliminary ruling indicated that Planned Parenthood's lawsuit against the state was likely to succeed on the argument that abortion rights are protected in the state's constitution under provisions that protect bodily integrity.

"After 50 years of legal abortion in Michigan, there can be no doubt that the right of personal autonomy and bodily integrity enjoyed by our citizens includes the right of a woman, in consultation with her physician, to terminate a pregnancy," Gleicher said.

While Tuesday's ruling stops immediate enforcement of the state's 1931 abortion ban if Roe v. Wade is overturned, the fate of the law will be decided in the State's Supreme Court. Gov. Gretchen Whitmer recently filed a lawsuit, asking the court to recognize abortion rights under the state's constitution.

"The opinion from the Michigan Court of Claims is clear and sends the message that Michigan’s 1931 law banning abortion, even in cases of rape or incest, should not go into effect even if Roe is overturned," Whitmer said Tuesday. "It will help ensure that Michigan remains a place where women have freedom and control over their own bodies."