Judge temporarily bars enforcement of MI abortion ban should SCOTUS overturn Roe

gavel, justice
Posted at 1:58 PM, May 17, 2022
and last updated 2022-05-17 18:15:15-04

(WXYZ) — A judge for Michigan's Court of Claims has put an injunction in place barring enforcement of Michigan's 1931 ban on abortion, should the US Supreme Court overturn Roe Vs. Wade.

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.

Nessel released the following statement about the ruling:

This injunction is a victory for the millions of Michigan women fighting for their rights. The judge acted quickly in the interest of bodily integrity and personal freedom to preserve this important right and found a likelihood of success in the state law being found unconstitutional. I have no plans to appeal and will comply with the order to provide notice to all state and local officials under my supervision.
Michigan Attorney General Dana Nessel
Michigan Attorney General Dana Nessel

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.

Today's ruling 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.

The US Supreme Court is set to issue it's ruling on abortion at any time. A leaked draft opinion authored by Justice Samuel Alito indicated that the court would overturn Roe and Casey and return the issue of the legality of abortion to the states. However, that ruling has not been formally issued, so it remains unclear exactly what the court's final action on the case will be.

Read the full opinion:
SecondPPDocument_2022-05-17_123938 by WXMI on Scribd