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Michigan Republican-led Legislature files motion to appeal temporary injunction on abortion ban

Lansing Capitol
Posted at 11:12 AM, Jul 07, 2022
and last updated 2022-07-07 18:48:18-04

LANSING, Mich. — Michigan's Republican-led Legislature has filed a request for appeal in the Court of Claims’ decision to place a temporary injunction on the state’s 1931 abortion ban.

According to the request submitted to the Michigan Court of Appeals, the Legislature argues the injunction is unjustified and the ban’s potential impacts “are hypothetical and speculative.”

The document goes on to say due process under the Michigan and U.S. Supreme Courts does not include rights to abortion access, asserting the Court of Claims did not properly review the decision to put the injunction into effect.

Read the full motion below:

Michigan Republicans file motion to appeal temporary injunction on abortion ban by WXMI on Scribd

RELATED: AG Nessel, Planned Parenthood of Michigan discuss SCOTUS decision to overturn Roe v. Wade

The Legislature is asking for the preliminary injunction to be thrown out, which would allow Michigan's 1931 law banning abortion to take effect.

Back in May, a state judge granted the preliminary injunction in a suit brought by Planned Parenthood against Michigan’s unconstitutional 1931 law criminalizing abortion.

Planned Parenthood of Michigan originally filed the lawsuit to permanently block the enforcement of the 1931 criminal abortion ban on the basis that it is “unconstitutionally vague and violates the rights to liberty, bodily integrity, equal protection, and privacy under the Michigan Constitution and state civil rights laws.”

Governor Whitmer has asked the Michigan Supreme Court to immediately consider the lawsuit that aims to protect abortion rights in the state.

She also asked the court for clarity after confusion coming from county prosecutors and health providers who may misunderstand the current legal status of abortion in Michigan.

The number and rate of U.S. abortions increased from 2017 to 2020 after a long decline. That’s according to new figures released by Guttmacher Institute, a research group that supports abortion rights.

This map shows the percentage change from 2019 to 2020 in abortions in each state. In Michigan, 31,510 abortions were performed in 2020.

This map shows the status of abortion access in the states and likely changes after U.S. Supreme Court struck down Roe v. Wade in June.

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