DETROIT (AP) — A judge on Tuesday suspended Michigan’s dormant ban on abortion, saying it likely violates the state constitution.
The law, which makes it a crime to assist in an abortion, has been on the books since 1931, but it has had no practical effect since the U.S. Supreme Court legalized abortion in 1973.
The Supreme Court, however, could overturn that decision by summer, leaving abortion issues for each state to decide.
Court of Claims Judge Elizabeth Gleicher granted a preliminary injunction sought by Planned Parenthood of Michigan.
“After 50 years of legal abortion in Michigan, there can be no doubt but 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,” the judge said.
“From a constitutional standpoint, the right to obtain a safe medical treatment is indistinguishable from the right of a patient to refuse treatment,” Gleicher said.