The Michigan Supreme Court on Friday closed out a case challenging the state's 1931 abortion ban, noting that the litigation underlying the appeal had been dismissed in a lower court in the wake of voters approving an amendment enshrining abortion in the state constitution.
Gov. Gretchen Whitmer and other parties involved in the Oakland County abortion rights case agreed on Jan. 6 to dismiss the lawsuit and adjacent appeals in the higher courts due to the passage of Proposal 3, the Reproductive Freedom for All proposal.
The governor notified the Supreme Court at the time of the dismissal and withdrew an executive message that had sought immediate consideration of her challenge of the law by the high court.
"...in light of the governor having withdrawn her executive message, the motions to intervene, to dismiss, and to set a briefing schedule are denied as moot," the Supreme Court said in a brief order Friday. "This case is closed."
A Planned Parenthood case that also challenged the constitutionality of Michigan's abortion law is expected to be dismissed as well in light of the November election, but there appears to be active appeals related to the case still in place before the Michigan Supreme Court
Whitmer and Planned Parenthood on April 7 filed simultaneous lawsuits challenging the constitutionality of the 1931 abortion law by arguing existing protections in the Michigan constitution protected the right to abortion. The lawsuits were filed in anticipation of the U.S. Supreme Court's June order overturning the landmark Roe v. Wade decision, which reverted Michigan back to a pre-existing 1931 ban on abortions.
Planned Parenthood's lawsuit was filed against Attorney General Dana Nessel in the Court of Claims. Whitmer's lawsuit was filed in Oakland County Circuit Court against 13 county prosecutors with abortion facilities in their counties.
Court of Claims Judge Elizabeth Gleicher issued a preliminary injunction in the Planned Parenthood case in May, stalling any enforcement of the state's 1931 abortion ban after the U.S. Supreme Court's June decision. Gleicher issued a permanent injunction in that case in September.
Oakland County Circuit Court Judge Jacob Cunningham issued a preliminary injunction in Whitmer's case in August that applied to county prosecutors who argued they weren't enjoined by Gleicher's decision.
