By Simon Albaugh \u2013 The Yemeni American News<\/p>\n
From the first glimpse at the Supreme Court\u2019s intentions for Roe v. Wade, officials in Michigan have been working to overturn the 1931 law that criminalizes abortion in the state. With an injunction preventing the law\u2019s going back into effect for now, Governor Gretchen Whitmer has been challenging the state\u2019s Supreme Court to determine the constitutionality of the 1931 law.<\/p>\n
At the root of the debate is the 1931 law \u2013 Michigan Act 328 of 1931 – stating that \u201cAdministering drugs, etc., with intent to procure miscarriage<\/a><\/span>\u201d is a felony under Michigan Law. Like many other states, Michigan has what\u2019s known as a trigger law \u2013 specifically Act 328 \u2013 that goes into effect upon the overturning of Roe v. Wade.<\/p>\n However, a Michigan Court of Claims judge has issued a temporary injunction on the trigger law, effectively preventing its enforcement until the Michigan Supreme Court \u201cresolves the case in full.\u201d<\/p>\n <\/p>\n Abortion is still legal in Michigan, but only for now.<\/p>\n \u201cThe Court hereby concludes that the balancing of the pertinent factors weighs in favor of granting preliminary injunctive relief,\u201d reads a May ruling by Judge Elizabeth Gleicher<\/span><\/a>. \u201cThe motion for a preliminary injunction is granted as described herein, and the defendant is preliminarily enjoined from enforcing [Act 328].\u201d<\/p>\n In Planned Parenthood of Michigan v. Attorney General of Michigan, the state\u2019s Court of Claims concluded that the 1931 law could not be enforced, even if Roe v. Wade was overturned. Now that the Supreme Court holds that abortion is not a federally protected right, the injunction prevents the state of Michigan from enforcing the 1931 law.<\/p>\n Although the lawsuit was directed to Attorney General Dana Nessel, there\u2019s an indication that Nessel agrees with the premise of the suit. In fact, Nessel told NBC News<\/span><\/a> that she has no intention of enforcing the 1931 Abortion Law.<\/p>\n \u201cI refuse to enforce this draconian law that will endanger lives and put in jeopardy the health, safety and welfare of the lives of each and every woman in the state of Michigan,\u201d Nessel said. \u201cThe radical and extremist position of the Republicans in our state and all around the country completely contradicts with what the public wants, and it really does place the lives of women in jeopardy.\u201d<\/p>\n <\/p>\n The Governor\u2019s Lawsuit<\/p>\n Along with Planned Parenthood\u2019s legal challenge, Governor Gretchen Whitmer has filed her own suit in hopes that the Michigan Supreme Court will clarify the constitutionality of the state\u2019s 1931 abortion ban.<\/p>\n The lawsuit seeks to determine the constitutionality of the 1931 abortion law, which she argues violates the right of women to due process, \u201cwhich provides a right to privacy and bodily autonomy that is violated by the state\u2019s near-total criminal ban of abortion,\u201d reads a press release<\/span>.<\/a><\/p>\n Since filing the lawsuit, Whitmer has used executive privilege to attempt to expedite the Supreme Court\u2019s ruling on the issue.<\/p>\n \u201cI filed a motion urging the court to immediately take up my lawsuit to protect abortion in Michigan,\u201d Whitmer said. \u201cWe need to clarify that under Michigan Law, access to abortion is not only legal, but constitutionally protected. The urgency of the moment is clear \u2013 the Michigan court must act now.\u201d<\/p>\n The argument for speeding up the process is clear. With a temporary injunction that stops any enforcement of the 1931 abortion ban, the Michigan Supreme Court\u2019s opinion is needed in order to direct how Michigan will enforce the law. And without that opinion, many democrats in Michigan think the uncertainty will have a profound impact on the lives of women.<\/p>\n