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Judge strikes down 1931 Abortion ban

A Michigan Court of Claims judge declared the state's 1931 abortion ban unconstitutional in a final opinion Wednesday.

 

Judge Elizabeth Gleicher says Attorney General Dana Nessel cannot enforce the ban. Gleicher had placed a temporary injunction on enforcement in May, but Wednesday's decision permanently enjoins the attorney general from enforcement.

 

Nessel has repeatedly said she had no plans to enforce the ban, but the courts decision would last beyond Nessel's tenure as Attorney General.

 

The 1931 law criminalizes all abortions except for those that would threaten the life of the mother. It does not make exceptions for rape or incest.

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