(Headline USA) A activist judge on Wednesday struck down Michigan’s 1931 pro-life law, months after suspending it—the latest development over abortion in a state where the issue is being argued in courtrooms and, possibly, at the ballot box.
The law was long dormant before the U.S. Supreme Court in June overturned the nearly 50-year-old federal abortion mandate established under Roe v. Wade.
But according to Judge Elizabeth Gleicher, the 91-year-old law violated the Michigan Constitution.
“A law denying safe, routine medical care not only denies women of their ability to control their bodies and their lives—it denies them of their dignity,” Gleicher of the Court of Claims wrote. “Michigan’s Constitution forbids this violation of due process.”
The state’s corrupt attorney general, Dana Nessel, already had decreed she would refuse to enforce the law, even before the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health reactivated it.
Gleicher’s ruling comes as the Michigan Supreme Court is considering whether to place a proposed amendment on the Nov. 8 ballot that would enshrine abortion in the state constitution. A Friday deadline is looming.
Supporters submitted more than 700,000 signatures, easily clearing the threshold. But a tie vote by the Board of State Canvassers over spacing issues on the petition has kept it off the ballot so far.
In the case handled by Gleicher, the 1931 law makes it a crime to perform an abortion unless the mother’s life is in danger.
The judge said the law “compels motherhood” and prevents a woman from determining the “shape of her present and future life.”
The law “forces a pregnant woman to forgo her reproductive choices and to instead serve as ‘an involuntary vessel entitled to no more respect than other forms of collectively owned property,’” Gleicher wrote, quoting far-left Harvard Law professor Laurence Tribe, who has no known association with or authority over Michigan’s state constitution.
The law was suspended in May with an injunction, following a lawsuit by Planned Parenthood of Michigan. Gleicher said her latest decision applies to all state and local prosecutors. An appeal by the Republican-controlled Legislature is possible.
“The House is reviewing the ruling,” spokesman Gideon D’Assandro said.
Gleicher acknowledged in July that she has been a regular donor to Planned Parenthood and gave $1,000 to the 2018 campaigns of both Nessel and far-left Gov. Gretchen Whitmer.
But that support wasn’t a reason to recuse herself and pass the case to another judge, said Gleicher, who also serves as chief judge on the Michigan Court of Appeals.
“Judges are presumed to be unbiased and impartial,” she dubiously claimed.
In a separate lawsuit, Whitmer has repeatedly asked the state Supreme Court to bypass lower courts and settle the status of the 1931 law. The court hasn’t decided whether to intervene.
“With our rights still hanging by a thread, the Michigan Supreme Court needs to provide certainty,” the governor said Wednesday.
Adapted from reporting by the Associated Press
