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Judge halts Michigan's dormant abortion ban

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Posted at 1:47 PM, May 17, 2022

DETROIT, Mich. (WXYZ) — A judge for Michigan's Court of Claims has put an injunction in place, barring enforcement of the state's 1931 ban on abortion if the U.S. Supreme Court overturns the decision from Roe Vs. Wade.

The ruling comes in a case brought by Planned Parenthood against Attorney General Dana Nessel. The court found that although Nessel has said he would not enforce the abortion ban if Roe is overturned, that would not stop enforcement of the law in Michigan.

In her ruling putting the temporary injunction into place, Judge Elizabeth Gleicher wrote that Planned Parenthood has a high likelihood of winning on the merits of their lawsuit challenging the constitutionality of MCL 750.14, Michigan's abortion ban.

The ruling does not overturn Michigan's abortion ban, however. The case is expected to continue working its way through the courts until a final decision is reached.

The US Supreme Court is set to issue its ruling on abortion this session. A leaked draft opinion, authored by Justice Samuel Alito, indicated that the court would overturn Roe and return the issue of the legality of abortion to the states. However, that ruling has not been formally issued, so it remains unclear exactly what the court's final action on the case will be.

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