Wednesday, May 18, 2022

State Court Enjoins Enforcement Of Michigan's Pre-Roe Abortion Ban

In Planned Parenthood of Michigan v. Attorney General of the State of Michigan, (MI Ct. Cl., May 17, 2022), 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. The 1931 ban contains an exception only for preserving the life of the mother. The court said in part:

After 50 years of legal abortion in Michigan, there can be no doubt but 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. From a constitutional standpoint, the right to obtain a safe medical treatment is indistinguishable from the right of a patient to refuse treatment. Based on the due process principles discussed above, the Court finds a substantial likelihood that MCL 750.14 violates the Due Process Clause of Michigan's Constitution.

ACLU of Michigan issued a press release announcing the decision.