Michigan ban on abortion suspended

DETROIT — A judge on Tuesday suspended Michigan’s decades- old ban on abortion, which means the procedure would not be illegal in the state even if the U. S. Supreme Court overturns its historic Roe v. Wade decision.

The Michigan law, which makes it a crime to assist in an abortion, has been on the books since 1931. But it has had no practical effect since 1973 when the Supreme Court legalized abortion nationwide.

The court, however, could throw out that ruling before July, leaving abortion issues for each state to decide.

Court of Claims Judge Elizabeth Gleicher granted a preliminary injunction sought by Planned Parenthood of Michigan.

“From a constitutional standpoint, the right to obtain a safe medical treatment is indistinguishable from the right of a patient to refuse treatment,” Gleicher said.

Gleicher said other Michigan laws regulating abortion will remain in full effect.

The injunction will stay in place while the judge makes a final decision in the months ahead or a higher court intervenes.

The attorney general’s office typically defends against challenges to Michigan laws. But Attorney General Dana Nessel, a Democrat, said she would not defend or enforce the abortion ban.

John Bursch, an attorney representing Right to Life of Michigan and the Michigan Catholic Conference, was sharply critical. The groups weren’t formal parties in the case but were allowed to file opposing briefs.

“No one has the ability to unilaterally ignore, change, encourage the invalidation of Michigan law. They should be working through the democratic process just like anyone else,” Bursch said.

Gleicher, who also serves as chief judge on the Michigan Court of Appeals, informed the parties in April that she makes annual contributions to Planned Parenthood and, as a lawyer, represented the organization in a 1997 abortion case. She said she didn’t feel it should disqualify her.

“She should have recused herself,” Bursch said.

The lawsuit by Planned Parenthood is one of two legal challenges in Michigan. Democratic Gov. Gretchen Whitmer, who supports abortion rights, has asked the Michigan Supreme Court to bypass lower courts and declare the 91-year-old law unconstitutional. That effort is pending.