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Morning Briefing

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Thursday, Sep 8 2022

Full Issue

Michigan's 1931 Law Criminalizing Abortion Blocked

A state court judge placed a permanent injunction on prosecuting cases under the 90-year-old law, which bans abortion with no exceptions for rape or incest. It's one of three abortion-related cases working through the court that could be appealed to the Michigan Supreme Court.

A 1931 Michigan law banning abortion with no exceptions for rape or incest violates the state's constitution, a state court judge ruled on Wednesday, barring any prosecutors from enforcing it. Judge Elizabeth Gleicher of the Michigan Court of Claims found that Michigan's constitution guarantees a right to bodily autonomy including abortion. The ruling is a victory for providers including a Planned Parenthood affiliate, which had sued to block the law. (Pierson and Singh, 9/7)

Michigan Court of Claims Judge Elizabeth Gleicher ruled the Michigan Constitution's due process clause is expansive enough to cover reproductive rights. "The Michigan Constitution protects the right of all pregnant people to make autonomous health decisions," she wrote, and later: "Exercising the right to bodily integrity means exercising the right to determine when in her life a woman will be best prepared physically, emotionally and financially to be a mother." (Pluta, 9/7)

In abortion updates from Ohio, South Carolina, and Minnesota 鈥

Those challenging Ohio's six-week abortion ban say a Hamilton County judge could rule as soon as Thursday on whether the law should remain in effect. Ohio's abortion clinics filed a new lawsuit in Hamilton County Common Pleas Court last week to block Ohio's current abortion restrictions, which have been in place since the day the U.S. Supreme Court overturned Roe v. Wade. Ohio law bans doctors from performing abortions after cardiac activity is detected, which can be as soon as six weeks into pregnancy. (Balmert, 9/7)

The South Carolina Senate鈥檚 three Republican women all said Wednesday that they could not support an abortion ban that did not include exceptions for pregnancies caused by rape or incest. Two different attempts to get the exceptions back into the bill failed later in the day. Senators adjourned Wednesday evening without a final vote. (Collins, 9/7)

A Minnesota judge who struck down key restrictions on abortion in the state has rejected a bid by a county prosecutor who hopes to appeal the ruling. Ramsey County District Judge Thomas Gilligan ruled Tuesday night that Traverse County Attorney Matthew Franzese is not entitled to intervene in the case. Franzese had hoped to pursue an appeal after Attorney General Keith Ellison declined to challenge Gilligan鈥檚 previous ruling that Minnesota鈥檚 restrictions were unconstitutional. (Karnowski, 9/7)

From Tennessee, Texas, and Iowa 鈥

Law enforcement in Nashville will be prohibited from using license plate readers to enforce Tennessee鈥檚 anti-abortion laws, city council members decided. The move comes after Tennessee, which is politically controlled by Republicans, enacted one of the strictest abortion bans in the U.S. last month. Under the law, almost all abortions are outlawed and doctors who violate the statute risk felony convictions. (Kruesi, 9/7)

Kristina Cruickshank knew she had lost her unborn baby. In her 15th week of pregnancy, a large fluid-filled sac surrounded the fetus, most prominently around the head and neck. Massive cysts, some filled with blood, covered her enlarged ovaries in a 鈥渟poke wheel pattern,鈥 according to her medical records. Additional fluid had filled parts of her abdomen. (Gill, 9/7)

When Jasmine Burnett got pregnant as a young college student in Indiana in 1998, she didn鈥檛 know exactly what her future would look like. Burnett had an abortion at around eight or nine weeks of pregnancy. She said it changed her life 鈥 for the better. (Krebs, 9/7)

In related election news 鈥

Republicans this election cycle thought they had finally achieved a breakthrough with suburban women after years of losing support. Now, as the primary season has all but ended, the GOP is back where it once was: Appealing directly to skeptical female voters, the women whose support will make or break the party鈥檚 drive to retake the Senate majority. A sure sign: One after the other, Republican nominees in top Senate battlegrounds have softened, backpedaled and sought to clarify their abortion positions after the Supreme Court鈥檚 Dobbs decision that overturned Roe v. Wade. Another is that male candidates have begun putting their wives in front of the camera to speak directly to voters in new television ads. (Allison, 9/6)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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