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AG Nessel Issues Statement on Ruling from Court of Claims on Abortion Access

LANSING – Attorney General Dana Nessel issued the following statement after Judge Elizabeth Gleicher ruled Michigan’s criminal abortion statute unconstitutional and permanently enjoined its enforcement:

“Abortion is essential healthcare, and this order ensures access to reproductive care for all Michigan women. While legal victories like today’s preserve access to abortion care for now, ensuring women have the right to make personal healthcare decisions today and in the future must be pursued at the ballot box.

In 2018, when I campaigned to be Michigan’s Attorney General, I did so knowing the fate of Roe v. Wade was at stake. Unenforced and antiquated pre-Roe abortion bans and laws, like the 1931 Michigan statute criminalizing abortion, became de facto state law when Roe was overturned.

As Attorney General, I have used the resources of my department to ensure access to care at every opportunity, but our fundamental rights should not be subject to the discretion of elected office holders. All Michiganders have a duty to ensure their rights are preserved and protected.”

On May 17, Judge 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.

In the order issued today, Judge Gleicher determined that, “MCL 750.14 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. Based on the reasoning set forth in the Court’s opinion, plaintiffs have proven actual success on the merits of these two aspects of their pleaded claims, and that they have no alternative or adequate remedy other than permanent injunctive relief to preserve their constitutional rights.”

A copy of the orders is available on the Department of Attorney General website.

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