MI Republicans Attack Court's Decision To Suspend 1931 Abortion Law

MICHIGAN — State Republicans filed a motion Monday asking the Michigan Court of Claims to reconsider its temporary suspension of the state's 1931 law banning abortion, arguing the court usurped the power of the state's legislature.

If the U.S. Supreme Court overturns the landmark 1973 Roe v. Wade decision, which it seems to do sometime soon, the 1931 law will go into effect, banning abortion across the state in all cases except to preserve the life of the mother.

However, Michigan Court of Claims Judge Elizabeth Gleicher temporarily suspended enforcement of the 1931 law in May in a lawsuit brought by Planned Parenthood against the state, arguing the law violates provisions in the state's constitution that protect bodily integrity.

Republicans argued in the lawsuit that state lawmakers should have the opportunity to revisit and debate the 1931 law if the U.S. Supreme Court overturns Roe v. Wade.

Moreover, Republicans attacked Gleicher not only for her decision, but also because they believe there's a conflict of interest since she donated money to Planned Parenthood and represented the group in the 1990s as an attorney.

"This phony lawsuit is illegitimate and outrageous," Rep. Pamela Hornberger, R-Chesterfield Township, said in a written statement Tuesday. "The plaintiff Planned Parenthood pushing a pro-choice agenda, the defendant Attorney General who has stated she will not uphold the law, and the judge who formerly represented and donates to Planned Parenthood, all want the same outcome. It’s a blatant conflict of interest and undermines the public’s trust in our judicial system."

Republicans also attacked Attorney General Dana Nessel for her refusal to defend the state in the Planned Parenthood lawsuit.

"I have made very clear that I will not put the lives of Michigan women in jeopardy by using the resources of my office to defend Michigan’s 1931 statute criminalizing abortion," Nessel said in a Tuesday statement after Republicans filed the lawsuit. "While many of my colleagues in the legislature want to strip women of their rights, I will continue to protect women’s reproductive health and their fundamental right to make decisions over their own bodies."

Nessel also attacked Republicans for an early House budget proposal that includes $750,000 in state funding to "enforce this archaic law and puts restrictions on funds going to medical providers."

Gov. Gretchen Whitmer filed a separate lawsuit, asking the Michigan Supreme Court to recognize abortion rights under the state's constitution.

However, the high court asked Whitmer to clarify her lawsuit, basically asking if the court is needed to immediately issue a ruling since the 1931 law was temporarily suspended. The court also asked if it should weigh its decision before the U.S. Supreme Court's ruling on Roe v. Wade.