Michigan state court abortion lawsuits

Aug. 3, 2022

Photo of crowd, many wearing pink shirts, at an abortion-rights vigil (Ann Arbor, 2022)

The 1931 Michigan statute that criminalizes abortion is at issue in two state court cases. In a case brought by Planned Parenthood of Michigan, the Court of Claims court held that the statute was likely unconstitutional under the state constitution. Michigan's law--a so-called "trigger ban"--purports to authorize criminal prosecutions of medical providers of abortions. The Court of Claims enjoined prosecutions statewide--but on August 1, the Court of Appeals held that that injunction does not control elected county prosecutors, several of whom have said they intend to bring prosecutions.  But in a different case, brought by Governor Gretchen Whitmer against county prosecutors, the Governor that same day sought and obtained an emergency Temporary Restraining Order. The court is holding a hearing today to consider whether to extend that emergency order. All the opinions are posted by the Clearinghouse.   

Related Cases

Planned Parenthood of Michigan v. Attorney General of Michigan, Michigan state trial court (2022)

Whitmer v. Linderman, Michigan state trial court (2022)