Aug. 3, 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.