On Sept. 7, a Michigan Court of Claims judge ruled that the state’s 1931 abortion ban violates the state constitution, Yahoo! reported, based on a copy of the ruling that ABC News obtained.
The ruling permanently bars the attorney general and county prosecutors from enforcing the ban in the state, effectively legalizing abortions in Michigan.
The decision from Judge Elizabeth Gleicher came as part of a lawsuit brought by Planned Parenthood of Michigan and Dr. Sarah Wallett, the organization’s chief medical officer, against Michigan Attorney General Dana Nessel and the Michigan state House of Representatives and Senate, challenging the ban.
The 1931 law made it a felony to provide an abortion unless it is medically necessary to save the life of a pregnant person. The law did not make exceptions for rape or incest. The law also stated that if the pregnant person dies, the provider would be charged with manslaughter.
Michigan Gov. Gretchen Whitmer has vowed to fight for abortion rights, bringing another lawsuit challenging the law’s constitutionality and asking the state’s supreme court to determine whether the abortion law already on the books is unconstitutional. The judgment is the latest development in the state’s battle over abortion rights which began when the U.S. Supreme Court overturned Roe v. Wade in June, eliminating federal protections for abortion rights.