Michigan judge blocks 1931 abortion law if Roe vs. Wade overturned

May 17 (UPI) -- A Michigan Court of Claims judge has blocked a decades-old state abortion ban, in case Roe vs. Wade is overturned by the U.S. Supreme Court.

Judge Elizabeth Gleicher granted a preliminary injunction Tuesday sought by Planned Parenthood against Michigan's 1931 abortion law that remained on the books after the 1973 Roe decision. The law bans abortion, except to save the life of the mother and contains no exception for rape or incest.

The 1931 law "criminalizes virtually all abortions, and if enforced, will abruptly and completely end the availability of abortion services in Michigan," Gleicher wrote. "After 50 years of legal abortion in Michigan, there can be no doubt that the right of personal autonomy and bodily integrity enjoyed by our citizens includes the right of a woman, in consultation with her physician, to terminate a pregnancy."

Democratic Attorney General Dana Nessel said she will not appeal Gleicher's ruling.

"I have no plans to appeal and will comply with the order to provide notice to all state and local officials under my supervision," Nessel said.

She called the ruling a "victory for the millions of Michigan women fighting for their rights."

The Alliance Defending Freedom, on behalf of Right to Life and Michigan Catholic Conference, blasted Nessel's reaction to the ruling and called into question Gleicher's relationship as a regular donor to Planned Parenthood of Michigan.

"The ruling today is absolutely egregious," said John Bursch, an attorney for Alliance Defending Freedom. "Because the defendant Attorney General Dana Nessel was not defending the law, the court had no jurisdiction."

Anti-abortion groups opposed Gleicher's ruling and said they will pursue legal action to block any efforts to overturn the 1931 law.

Gov. Gretchen Whitmer praised Tuesday's decision, but warned supporters of abortion rights there is more work to do.

"While today's preliminary injunction offers immediate, critical relief, we need the Michigan Supreme Court to weigh in and establish the right to abortion under our state Constitution."