Judge suspends dormant Michigan 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 the Supreme Court legalized abortion nationwide in 1973.

The court, however, could throw out that landmark ruling, 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.

“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 attorney general’s office typically defends against challenges to Michigan laws. But Attorney General Dana Nessel, a Democrat, declined to get involved; She, too, believes the abortion ban is illegal and welcomed the injunction. Instead, Right to Life of Michigan and the Michigan Catholic Conference stepped in to oppose Planned Parenthood.

Gov. Gretchen Whitmer called the injunction a victory: “It will help ensure that Michigan remains a place where women have freedom and control over their own bodies.”