News

Actions

What could happen to abortion rights in Michigan now that Roe v. Wade is overturned

Michigan has law on books banning abortion but judge temporarily blocked it
Posted at 10:26 AM, Jun 24, 2022
and last updated 2022-06-24 18:26:41-04

(WXYZ) — The United States Supreme Court released an opinion Friday overturning Roe v. Wade, but what does that mean for Michigan?

Gov. Gretchen Whitmer speaks after SCOTUS overturns Roe v. Wade

Related: Roe v. Wade overturned: Supreme Court paves way for states to ban abortions

Michigan does have a 1931 law that not only bans abortion but criminalizes it, with the person being charged with either a felony or a misdemeanor.

Related: Michigan leaders, organizations react after Supreme Court overturns Roe v. Wade

"Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter," Michigan's law reads.

Related: State Representative proposes bill that makes abortions punishable by law for doctors

But, in May, a Michigan Court of Claims judge issued an injunction that temporarily blocked the enforcement of the state's 1931 abortion ban.

This latest challenge to that 1931 law comes after Governor Whitmer, who supports abortion rights — asked the State Supreme Court to declare it unconstitutional.
Michigan's 1931 law banning & criminalizing abortion by WXYZ-TV Channel 7 Detroit on Scribd


A citizen-led effort to add abortion access into the state’s constitution is continuing. The group needs a little more than 425,000 signatures by July 11 to get this issue on the ballot in November, for voters to decide.

This issue will continue to work its way through the state courts. That effort from Whitmer to have that 1931 law ruled unconstitutional is still pending.

The ruling comes in a case brought by Planned Parenthood against Attorney General Dana Nessel. The court found that although Nessel has said she would not enforce the abortion ban if Roe is overturned, that would not stop enforcement of the law in the State of Michigan.

In her ruling putting the temporary injunction into place, Judge Elizabeth Gleicher wrote that Planned Parenthood has a high likelihood of winning on the merits of their lawsuit challenging the constitutionality of MCL 750.14, Michigan's abortion ban.

It does not overturn Michigan's abortion ban, however. The case is expected to continue working it's way through the courts until a final decision is reached.

SecondPPDocument_2022-05-17... by WXMI