Michigan Court of Claims enjoins state abortion criminalization statute

May 18, 2022

A man in black clerical robes holds a sign "Abortion Hurts Women," next to a woman with a sign "My body, my choice."

Yesterday, the Michigan Court of Claims granted a preliminary injunction suspending operation of a 1931 Michigan statute that criminalizes abortion. In a case brought by Planned Parenthood of Michigan, the court held that the statute was likely unconstitutional under the state constitution. The statute has not been operative, because of Roe v. Wade and successor U.S. constitutional cases. But if the Supreme Court reverses Roe v. Wade, Michigan's law--a so-called "trigger ban"--could authorize criminal prosecutions of people who get abortions, which could be brought by elected county prosecutors. The court's injunction covers both the state Attorney General (who was a defendant, though she disavowed any intention of enforcing the 1931 law) and all county/local prosecutors. The Clearinghouse is posting the opinion. 

Related Cases

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