Judge suspends dormant Michigan 1931 abortion ban

DETROIT — A judge on Tuesday suspended Michigan’s dormant, 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 landmark 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, saying the abortion ban likely violates the Michigan Constitution.

“After 50 years of legal abortion in Michigan, there can be no doubt but that the right of personal autonomy and bodily integrity enjoyed by our citizens includes the right of a woman, in consultation with her physician, to terminate a pregnancy,” the judge said.

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