The Michigan Court of Claims has granted a preliminary injunction in a lawsuit filed by Planned Parenthood of Michigan and Dr. Sarah Wallett. This decision temporarily halts the enforcement of the state’s 1931 abortion ban if Roe v. Wade is overturned.
This decision itself does not declare the 1931 law, which makes abortion a felony and does not grant exceptions for rape or incest, unconstitutional. Instead, it grants time for the legal challenges to proceed before allowing the law to take effect.
Court of Claims Judge Elizabeth Gleicher released the decision early Tuesday afternoon, and said that she sees “a strong likelihood the plaintiffs will succeed on the merits of their constitutional challenge.”
According to Gongwer, anti-abortion groups called for Gleicher’s recusal from the case, based on her previous contributions to Planned Parenthood of Michigan and prior work with the ACLU.
Governor Gretchen Whitmer has also filed a separate lawsuit asking the Michigan Supreme Court to overturn the 1931 law. The court has not yet issued a decision on that case, and has not indicated when a decision may be made.
In late April, a draft U.S. Supreme Court opinion was leaked, indicating Roe would likely be overturned, spurring the lawsuits against Michigan's long dormant law against abortions.
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