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Michigan Judge Blocks Enforcement of New ‘Trigger Law’ to Ban Abortions If Roe Is Overturned

Michigan Judge Blocks Enforcement of New ‘Trigger Law’ to Ban Abortions If Roe Is Overturned

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.

CHICAGO, ILLINOIS – MAY 07: Abortion-rights demonstrators rally before marching through downtown on May 07, 2022 in Chicago, Illinois. Demonstrations across the country continue as abortion rights and anti-abortion advocates react to the leaked initial draft majority opinion indicating the U.S. Supreme Court would overturn two abortion-related cases, which would end federal protection of abortion rights. (Photo by Scott Olson/Getty Images)

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.”

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.

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