Michigan appeals court stops Legislature's legal effort to overturn abortion order
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The Michigan Court of Appeals denied a request from the Republican-controlled Legislature to consider reviewing and possible overturning a lower court's order that sought to bar county prosecutors from enforcing a state law criminalizing most abortions.
Issued Wednesday, the one-sentence ruling has little impact on the accessibility of abortion in Michigan. The court's decision is not connected to a preliminary injunction an Oakland County judge issued last week that bars prosecutors in Michigan's largest counties from pursuing criminal charges under the 1931 law banning all abortions but those performed to save the life of the pregnant person.
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The Court of Appeals' decision is in connection to a lawsuit filed in April by Planned Parenthood of Michigan against state Attorney General Dana Nessel. The ruling is a setback for the GOP-controlled House and Senate, which wanted the Court of Appeals to ultimately overturn a different order issued by Court of Claims Judge Elizabeth Gleicher that attempted to prevent any prosecutor from using the 1931 criminal abortion ban.
"The application for leave to appeal is denied for failure to persuade the Court of the need for immediate appellate review," the court order states.
Representatives for Senate and House leaders did not immediately respond to requests for comment.
This spring, Planned Parenthood and Gov. Gretchen Whitmer filed separate lawsuits in an effort to preserve abortion access in Michigan if the U.S. Supreme Court overturned the national right to abortion afforded by Roe v. Wade. When the high court reversed Roe in June, orders tied to both local lawsuits ensured access to abortion in the state.
However, the Court of Appeals ruled earlier this month that Gleicher's order does not actually apply to county prosecutors. For several hours, that order created substantial uncertainty around abortion access in the state.
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But Oakland County Circuit Judge James J. Cunningham issued an emergency, temporary order the same day as the appeals ruling that barred prosecutors in the 13 counties with abortion clinics from bringing charges under the abortion ban. Last week, Cunningham issued a preliminary injunction that indefinitely extends the prosecution ban.
The Michigan Supreme Court has multiple avenues through which it could rule on the constitutionality of abortion in the state, but it has declined to take any formal action to date.
Republican legislative leaders have repeatedly opposed efforts to protect access to abortion, both before and after Roe's reversal. But Whitmer vetoed any measures offered by the Legislature that aimed to curb abortion access.
Michigan voters will likely decide the fate of abortion later this year. A proposed amendment to the Michigan Constitution that would expressly guarantee the right to an abortion is expected to make it onto the general election ballot.
Election Day is Nov. 8, while absentee ballots should be available in late September.
This article originally appeared on Detroit Free Press: Michigan appeals court stops Legislature's move to nix abortion order
