DETROIT (WXYZ) — Michigan Court of Claims Judge Elizabeth Gleicher struck down Michigan's 1931 abortion law Wednesday calling it unconstitutional.
The law has been at the center of the fight over abortion rights in Michigan since the U.S. Supreme Court overturned Roe v. Wade.
"A law denying safe, routine medical care not only denies women of their ability to control their bodies and lives, it denies them of their dignity. Michigan's constitution forbids this violation of due process," Gleicher wrote.
Those on both sides of the abortion debate reacted swiftly Wednesday.
Genevieve Marnon, legislative director with Right to Life of Michigan, said she's embarrassed for Gleicher.
“She tried this once before. It was appealed. The Court of Appeals said, no, you don’t have the right to enjoin prosecutors," Marnon said. "And yet here she is, trying another bite at the apple.”
When asked if she thought the ruling would stick, Marnon said, “I hope not. I mean the Court of Appeals has already ruled a couple of times now. One, that she does not have the right to enjoin prosecutors. And then secondly, of course, we have Mahaffey v. Attorney General case from ’97 that says there is no right to abortion found in the Michigan constitution. So, she’s completely beyond her ability to do what she’s doing.”
Michigan Gov. Gretchen Whitmer released a statement saying she has been fighting to protect abortion rights and that she is “grateful for today's lower court ruling declaring our extreme 1931 law unconstitutional."
John Bursch, senior counsel and vice president of appellate advocacy at Alliance Defending Freedom, released a statement saying:
“Every human life is worthy of protection, but the Michigan Court of Claims just demonstrated a severe abuse of power by denying Michiganders the opportunity to protect and value unborn lives. This decision runs afoul of Dobbs, which gave power back to the state’s democratic process, not lawless government officials. Alliance Defending Freedom, on behalf of Michigan Right to Life and Michigan Catholic Conference are committed to defending every life in Michigan, including those who are not yet born.”
Michigan Attorney General Dana Nessel said in part, "Abortion is essential health care, and this order ensures access to reproductive care for all Michigan women."
Understandably, some wonder how this ruling could impact a ballot proposal to enshrine the right to abortion and contraception in the state constitution. In truth, they are two separate issues playing out in the state courts at about the same time.
Last week, the state board of canvassers deadlocked over moving forward on the ballot proposal. The decision is now up to the Michigan Supreme Court, but they haven't said if they'll take the case. They would need to make a decision by Friday if the proposal would be on the November ballot.
If the Michigan Supreme Court does allow the proposal, it will then be on the November ballot for voters to decide its fate.
Court of Claims by WXYZ-TV Channel 7 Detroit on Scribd
