With Roe v. Wade overturned, cloud of uncertainty forms over Michigan abortion access
(FOX 2) - A new ruling from the U.S. Supreme Court confirms long suspicions that Roe V. Wade, the prevailing law providing federal protection to abortion access has been overturned.
The tectonic ruling has big implications for Michigan, where abortion access is uncertain following recent rulings on a 1931-era ban on the practice.
As it stands, Michigan's state law restricts almost all forms of abortion, regardless of incest and rape. However, the 91-year-old law was suspended in a Michigan Court of Claims ruling last May in a case involving Planned Parenthood. Judge Elizabeth Gleicher suspended the law over Planned Parenthood's "substantial likelihood" of winning the case.
That means the law is not in place, at this time, and no prosecutor anywhere in the state - county or state-level - can prosecute anyone under the 1931 law.
The temporary injunction means, according to FOX 2 legal analyst Charlie Langton, that Michigan has no law regulating abortion.
In response to the lawsuit, the Republican-led state legislature indicated it plans to intervene in the case, saying on June 7 the lawsuit was "illegitimate and outrageous."
Two cases seeking to address the 1931-era law's status were introduced following a leaked opinion indicating Roe V. Wade would be overturned soon.
Both Planned Parenthood's case and a recent lawsuit brought forward by Gov. Gretchen Whitmer seeking to fast-track a request to clarify the law's status with the Michigan Supreme Court were announced following the leak.
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The legislature's move may make it one of the few parties prepared to defend the law. That's because state Attorney General Dana Nessel, who would traditionally be the individual defending the state in lawsuits where it's named the defendant, has said she will not.
Currently, there is no time when a hearing addressing the temporary injunction is scheduled.
The state supreme court has also yet to rule on whether it will hear Whitmer's request.