A Michigan judge Tuesday blocked the enforcement of a 1931 state law which would ban abortions in the event Roe v. Wade is overturned. The ruling was met with praise from the Michigan governor.
MCL 750.14 is a Michigan law enacted in 1931 which made all abortions a felony unless it was necessary to save the mother’s life. After the ruling on Roe v. Wade made abortion a constitutionally-protected right, the Michigan law was ruled unenforceable by the Michigan Supreme Court.
Judge Elizabeth Gleicher of the Michigan Court of Appeals granted an injunction which will prevent the law from becoming enforceable if Roe v. Wade is potentially overruled. She wrote in her opinion that the law violates the Michigan constitution, saying:
Forced pregnancy, and the concomitant compulsion to endure the medical and psychological risks accompanying it, contravene the right to make autonomous medical decisions…If a woman’s right to bodily integrity is to have any real meaning, it must incorporate her right to make decisions about the health events most likely to change the course of her life: pregnancy and childbirth.
After the ruling was announced, Michigan governor Gretchen Whitmer released a statement in support of the ruling, stating:
The opinion from the Michigan Court of Claims is clear and sends the message that Michigan’s 1931 law banning abortion, even in cases of rape or incest, should not go into effect even if Roe is overturned. It will help ensure that Michigan remains a place where women have freedom and control over their own bodies.
The ruling comes alongside other state court rulings which will protect a woman’s right to abortion in the event Roe is overturned.