SW News: In the state of Michigan, a court on Wednesday ruled that the 1931 abortion ban violated the constitution and prohibited its enactment. Thus, termination of pregnancy will remain legal in the state.

On Wednesday, Judge Elizabeth Gleicher of the Michigan Court of Claims barred state Attorney General Dana Nessel from enforcing the 1931 ban on abortion. The judgment also enjoined Nessel to counsel the county prosecuting attorneys that she has been tasked with overseeing that the law has been declared unconstitutional.

In the ruling, the court found that the law violates the Michigan Constitution's Due Process and Equal Protection Clauses.  Gleicher said the law is "facially unconstitutional because its enforcement would deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law."
Although the 1931 law was invalidated by Roe v. Wade in 1973, it remained on the books. It does not allow abortion even in cases of rape or incest. The only exception is when the health of the mother is in serious jeopardy. In April, Planned Parenthood and a doctor filed a lawsuit anticipating the repeal of Roe. The plaintiffs argued that the law flouted the constitution of the state. A separate case was filed in court by Democratic Governor Gretchen Whitmer.

Although the attorney general’s office has clarified that she would not appeal the verdict to the state Supreme Court, there could be a similar move by the Michigan House and Senate members as they were allowed to intervene in the lawsuit as defendants.

Pro-choice supporters are also waiting for a verdict from the Supreme Court of Michigan this week on whether a constitutional amendment should be certified and placed on the ballot in November.