Judge suspends Michigan’s dormant 1931 abortion ban

DETROIT » A judge 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 overturned the 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 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. The attorney general’s office typically defends against challenges to Michigan laws. Attorney General Dana Nessel, a Democrat, said she would not defend or enforce the abortion ban. She believes it is unconstitutional and welcomed the injunction.