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Court of Claims Judge Elizabeth Gleicher filed a preliminary injunction saying Michigan cannot enforce its 1931 abortion ban. And since Michigan Attorney General Dana Nessel says she won’t appeal the decision, it looks like the injunction will stand, for now.
Exceptions and uncertainty
But the decision raises new questions, like what exceptions currently exist in the law. One exception to the dormant law’s ban on abortion is a protection for the life of a mother, but what counts as “saving the life of the mother” is unclear. However, there is no exception for rape or incest. This uncertainty could put medical professionals in a gray area of whether to obey one of the strictest abortion laws in the country, or to protect the life of a patient.
Elections and ballot initiatives
Meanwhile, both abortion rights and anti-abortion groups in Michigan are likely to use ballot initiatives to try and bring about new laws in the state. All of the uncertainty and changes taking place in Michigan as a result of the SCOTUS leak have raised the stakes for this year’s midterm elections, and abortion will likely be a motivating factor for both Republican and Democratic voters this fall.
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