A Michigan state court on Wednesday declared Michigan’s 1931 abortion ban unconstitutional and blocked it from being enforced, allowing abortion to remain legal in the state.
In an order issued Wednesday, Michigan Court of Claims Judge Elizabeth Gleicher permanently enjoined Michigan Attorney General Dana Nessel from enforcing the 1931 law. Her order also directed the attorney general to advise the county prosecuting attorneys she’s charged with supervising that the law has been declared unconstitutional.
The court found that the law violates the Michigan Constitution’s Due Process and Equal Protection Clauses. The law, Gleicher wrote, 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.”
The 1931 law, which was invalidated by the 1973 decision in Roe v. Wade but remained on the state’s books, prohibits abortions even in cases of rape or incest, except to preserve the woman’s life. Anticipating the US Supreme Court decision overturning Roe, Planned Parenthood of Michigan and a physician in the state filed the lawsuit in April, arguing the Michigan law violated the state constitution. Michigan Democratic Gov. Gretchen Whitmer also sued separately to block the law from taking effect.