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AG Nessel Provides Clarity Surrounding Planned Parenthood Injunction

LANSING – Currently, Michigan providers cannot be prosecuted for providing abortion care due to an injunction issued by the Court of Claims last month in Planned Parenthood of Michigan v Attorney General of the State of Michigan

“As it currently stands, providing abortion care in Michigan cannot be prosecuted, and I encourage those with appointments to move forward as scheduled and consult with their doctors,” Nessel said. “Despite the Supreme Court’s ruling last week, I remain committed to ensuring a woman’s right to choose and will continue to fight against every attempt to limit access to care. This includes ensuring Michiganders are properly informed regarding the current state court battle that is far from over.” 

On May 17, Judge Elizabeth Gleicher issued a preliminary injunction in Planned Parenthood of Michigan v Attorney General of the State of Michigan, enjoining any enforcement of MCL 750.14 by Nessel and all 83 county prosecutors. 

A copy of the injunction is available on the Department of Attorney General website

Judge Gleicher determined that Plaintiffs were likely to succeed on the merit of their claim that the right to bodily integrity protected by the due process clause of the Michigan Constitution encompasses a woman’s right to choose to terminate a pregnancy through an abortion. The Judge further determined that without an injunction, plaintiffs and their patients “face a serious danger of irreparable harm if prevented from accessing abortion services”. 

Currently, the parties – which now include the Michigan Legislature – are moving into the merits phase of the case. This means motions for summary disposition will be filed and heard, after which Judge Gleicher will render a final determination on plaintiffs’ claims and enter a permanent injunction if she finds the statute unconstitutional. No specific briefing schedule has been set as of this release. 

 

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