The law threatens abortion providers with prison time, according to the American Civil Liberties Union of Michigan.
Goewerneur. Gretchen Whitmer, 'n demokraat, and other advocates had warned that the nearly century-old state law could go into effect if the Supreme Court overturns Roe, making Michigan one of the most restrictive states on abortion access.
In hopes of avoiding that, Whitmer also sued to block the law from going into effect.
The urgency for Michigan advocates to enact protections for legal abortion was underscored after Politico reported on a draft Supreme Court majority opinion that would strike down Roe.
Whitmer called Tuesday’s ruling an “important victory for Michiganders.”
“The opinion from the Michigan Court of Claims is clear and sends the message that Michigan’s 1931 law banning abortion, even in cases of rape or incest, should not go into effect even if Roe is overturned,” Whitmer said. “It will help ensure that Michigan remains a place where women have freedom and control over their own bodies.”
Planned Parenthood Michigan, which sued over the law, said the organization will “not stop until this dangerous law is blocked once and for all!”