Michigan Can’t Enforce Pre-Roe Abortion Ban If Roe V. Wade Is Overturned, Judge Rules

Forbes ^ | May 17, 2022 | Alison Durkee

[where's_the_Outrage?]

Topline

Michigan’s 1931 abortion ban cannot start being enforced again if the Supreme Court overturns Roe v. Wade in the coming weeks, a state judge ruled Tuesday, blocking one of nine state abortion bans from before Roe was decided that could soon take effect if the court overturns the landmark ruling as expected.

Key Facts

The Michigan Court of Claims issued a preliminary injunction that bars the state government from enforcing the ban as the litigation plays out, after Planned Parenthood sued the state in an effort to block the decades-old legislation.

The law bans all abortions except to save the life of the mother, and classifies any abortions that are performed in violation of the ban as manslaughter.

Judge Elizabeth L. Gleicher ruled there’s a “strong likelihood” Planned Parenthood would win the case as it moves forward, and the preliminary injunction should be granted to avoid the “irreparable harm” that will take place if the U.S. Supreme Court overturns Roe.

Gleicher ruled abortion is a protected right under the Michigan Constitution, finding it grants a “fundamental” right to “bodily integrity,” and “the link between the right to bodily integrity and the decision whether to bear a child is an obvious one.”

The judge noted that even if the Supreme Court issues a federal ruling overturning Roe, the state court is “not constrained” by its decision, as that would be based on the U.S. Constitution and the state court is separately determining whether abortion is legal under the Michigan Constitution.......

Crucial Quote

“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,” Gleicher wrote.

[where's_the_Outrage?]

“If a woman's right to

Opens up 2 additional issues, mandatory covid vaccines against "bodily integrity" and why it's a "woman's right" and not a "person's right".

[Paladin2]

Sorta like you can’t enforce vote integrity if Abrams is running for something?

[Prince of Space]

How can they rule on something that hasn’t even happened yet? Don’t you need standing to bring a lawsuit? IOW, I thought you had to be harmed before you could sue someone. That’s what the court said about the 2020 election whenever the Trump campaign went to court.

[FLT-bird]

Oh. So NOW bodily integrity and my body, my choice means something again.

Because it sure as hell didn’t mean anything when Biden issued mandates that people take the Fauci juice.

[Antihero101607]

𝘖𝘩. 𝘚𝘰 𝘕𝘖𝘞 𝘣𝘰𝘥𝘪𝘭𝘺 𝘪𝘯𝘵𝘦𝘨𝘳𝘪𝘵𝘺 𝘢𝘯𝘥 𝘮𝘺 𝘣𝘰𝘥𝘺, 𝘮𝘺 𝘤𝘩𝘰𝘪𝘤𝘦 𝘮𝘦𝘢𝘯𝘴 𝘴𝘰𝘮𝘦𝘵𝘩𝘪𝘯𝘨 𝘢𝘨𝘢𝘪𝘯.

Give it about five, maybe six months, and this talk of bodily integrity will go out the window again.

[Not_Who_U_Think]

I guess the baby doesn’t have the right of ‘bodily integrity’.

[Kevmo]

Seems like sumthin else the SCOTUS should be ruling on. I won't hold my breath.

[Gay State Conservative]

And lawyers wonder why they're as despised as they are by decent,reasonable people.

[Demiurge2]

Before the Civil War, they called this concept “nullification.” Didn’t work out too well, as I recall.

[equaviator]

When these women talk about their “own body” and having the right to abortion, they should never say that they’ve been “eating for two” at any time during their pregnancies.