A Michigan Court of Claims judge took the side of healthcare provider Planned Parenthood in its lawsuit against the state, granting a temporary injunction on Tuesday to block the enforcement of a state abortion ban which would automatically ban the procedure in the first and second trimesters if the landmark case Roe v. Wade were overturned. Michigan’s 1931 law criminalized all abortions except in cases to save the pregnant woman’s life. That ban was ended by Roe in 1973.
The lawsuit is the first of its kind since a leaked Supreme Court draft ruling indicated the end of the protections provided by Roe at the federal level, leaving it up to the states to make their own laws regarding abortion. Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming all have the so-called “trigger laws” in place immediately outlawing abortion once the Supreme Court makes its ruling.
Democratic Governor Gretchen Whitmer praised the judge’s decision on Tuesday, and said in a statement that the injunction “will help ensure that Michigan remains a place where women have freedom and control over their own bodies.”
BREAKING: Michigan court stops enforcement of state's 1931 near-total abortion ban, which could go back into effect if Roe v. Wade is overturned. It's an early court win for Planned Parenthood.
— David Eggert (@DavidEggert00) May 17, 2022
Whitmer added that she is still pressing the state Supreme Court to recognize the right to abortion under the state constitution to further protect abortion access, a campaign she began last month.
Today's opinion is clear: Michigan’s 1931 law banning abortion should not go into effect even if Roe is overturned. Women should decide what's best for their own bodies, end of story.
No matter what, I'll keep fighting like hell to protect access to abortion in Michigan. pic.twitter.com/JGkt7TKsqg
— Governor Gretchen Whitmer (@GovWhitmer) May 17, 2022