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Michigan Judge Rules 1931 Abortion Ban Unconstitutional

The 1931 law criminalizing most abortions in Michigan violates the state constitution, ruled Court of Claims Judge Elizabeth Gleicher, reports the Detroit Free Press. It is the first time a Michigan judge has weighed in on the constitutionality of abortion in the state since Roe v. Wade was reversed by the U.S. Supreme Court. "Eliminating abortion access will force pregnant women to forgo control of the integrity of their own bodies, regardless of the effect on their health and lives," Gleicher wrote. Enforcement of the abortion ban will endanger the health of those seeking abortions, and will cause irreparable injury without the availability of abortion services, she said.


Gleicher ruled in a lawsuit by Planned Parenthood against Michigan Attorney General Dana Nessel. A preliminary injunction had prevented Nessel and county prosecutors from enforcing the 1931 abortion law. However, the Michigan Court of Appeals determined last month that the injunction did not apply to county prosecutors. A petition of more than 750,000 signatures was collected by abortion rights advocates proposing a constitutional amendment guaranteeing the right to an abortion for a vote on the November election ballot.

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