Michigan judge strikes down 91-year-old abortion ban that returned when Supreme Court overturned Roe v. Wade

A Michigan judge on Wednesday struck down a long-dormant 1931 ban on abortion that came back into effect when the Supreme Court rolled back a woman’s right to choose.

In the latest round in the state-by-state fight over abortion rights, Judge Elizabeth Gleicher said the law violates the Michigan constitution by denying women of their “ability to control their bodies and their lives.”

“A law denying safe, routine medical care ... denies them of their dignity,” Gleicher of the Court of Claims wrote. “Michigan’s Constitution forbids this violation of due process.”

Similar dormant anti-abortion laws have come into effect in Wisconsin and Arizona, severely curtailing women’s right to choose, since the Supreme Court overturned the landmark Roe v. Wade decision that legalized abortion nationwide.

EXPLAINER: What does Supreme Court abortion ruling mean for New Yorkers?

The decision comes as the Michigan Supreme Court considers whether to allow a proposed amendment on the Nov. 8 ballot that would add abortion rights to the state constitution.

Abortion rights protesters attend a rally outside the state Capitol in Lansing, Mich., on June 24, 2022, following the United States Supreme Court's decision to overturn Roe v. Wade. (Paul Sancya/)

Supporters have submitted more than 700,000 signatures, easily clearing the threshold needed for the measure, which Democrats hope will juice turnout among their supporters.

But a push by Republicans on the Board of State Canvassers to nix the ballot measure over seemingly trivial spacing issues on the petition has so far kept it off the ballot.

Democrats hope to make abortion rights a key issue in the midterm congressional elections.

The conservative Supreme Court’s unpopular decision to overturn Roe has stirred a political hornet’s nest as angry women and progressives organize to defeat pro-life Republicans and elect pro-choice Democrats.

Upstate special election will offer big clues for midterms, politicos say

Since the ruling, Democratic candidates have dramatically outperformed expectations in a string of congressional special elections, which are considered reliable bellwethers of the national political climate.

In upstate New York, Rep.-elect Pat Ryan scored an upset victory to hold Lt. Gov. Antonio Delgado’s old Hudson Valley swing district.