As previously reported, In Planned Parenthood of Michigan v. Attorney General of the State of Michigan, the Michigan Court of Claims issued a preliminary injunction barring enforcement of the state's 1931 pre-Roe abortion ban while a challenge to that law under the Michigan state constitution is being litigated. On Friday, instead of filing an appeal in that case, plaintiffs filed a Complaint (full text) with the Michigan Court of Appeals captioned In re Jarzynka, (Ct. App., filed 5/20/2022) seeking an Order of Superintending Control and filed a Motion for Immediate Consideration. In the Complaint, petitioners allege:
Judge Gleicher refused to dismiss the case for lack of jurisdiction even though the Attorney General—a preeminent supporter of abortion rights—admits there is no adversity between the parties or actual controversy because the Attorney General refuses to defend or enforce the challenged law. The ACLU and Planned Parenthood’s claims are obviously moot and not ripe.
Prosecutors Jarzynka and Becker, Right to Life of Michigan, and the Michigan Catholic Conference respectfully ask this Court to issue an order of superintending control requiring the Hon. Elizabeth Gleicher of the Court of Claims to dismiss the case for lack of jurisdiction. Doing so will not prevent other adverse cases from moving forward....
At a minimum, Prosecutors Jarzynka and Becker, Right to Life of Michigan, and the Michigan Catholic Conference respectfully ask the Court to issue an order vacating the preliminary injunction order and requiring Judge Gleicher to adhere to the objective appearance-of-impropriety standard and recuse herself.
ADF issued a press release announcing the filing.
