Michigan judge rules 1931 law criminalizing abortion is unconstitutional

A Michigan judge has struck down the state’s 1931 law banning abortions months after suspending it. 

Michigan Court of Claims Judge Elizabeth Gleicher ruled on Wednesday that the 1931 law criminalizing most abortions is unconstitutional.

Separately, the Michigan Supreme Court still is considering whether to place a proposed amendment on the Nov. 8 ballot that would add abortion rights to the state constitution.

The 1931 law makes it a crime to perform abortions unless the life of the mother is in danger.

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“A law denying safe, routine medical care not only denies women of their ability to control their bodies and their lives — it denies them of their dignity,” Gleicher wrote. “Michigan’s Constitution forbids this violation of due process.”

Gleicher suspended the law in May with an injunction.

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The ruling, which comes after the Supreme Court overturned Roe v. Wade in June, means that the dormant law banning abortion will not go into effect. Roe’s reversal sent the abortion debate back to the states.

Planned Parenthood filed the lawsuit challenging the law. Gleicher declined to pass the case to another judge, despite acknowledging that she has been a regular donor to the organization.

“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,” Gleicher said earlier this year after granting an injunction suspending the law in May.

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“No matter what happens at the Supreme Court, abortion access remains protected in Michigan while our full case proceeds to block this antiquated law once and for all,” Dr. Sarah Wallett of Planned Parenthood, which offers abortion services, said in May.

It is expected that the Republican controlled legislature will file an appeal to the ruling.

Associated Press contributed to this report