Judge: Michigan’s 1931 Abortion Ban Can’t Be Enforced For Now
In a legal seesaw, county prosecutors in Michigan cannot currently file criminal charges against abortion providers while the preliminary injunction is in place. Abortion news is also reported from Idaho, Arizona, and other states.
The 19th:
Michigan Court Extends Block On 1931 Abortion Ban
A Michigan judge on Friday issued a preliminary injunction that prevents county prosecutors from enforcing the state’s 1931 abortion ban. This means they cannot file criminal charges against abortion providers, as would be permitted by the ban. (Norwood, 8/19)
In other legal news from Arizona, Idaho, North Dakota, and Texas —
AP:
16 More States Hope To Weigh In On Idaho Abortion Lawsuit
Sixteen more states are asking to weigh in on the U.S. Department of Justice’s lawsuit against Idaho over its strict abortion ban. The Justice Department sued the Republican-led state of Idaho earlier this month, saying the abortion ban set to take effect on Aug. 25 violates a federal law requiring Medicaid-funded hospitals to provide “stabilizing treatment” to patients experiencing medical emergencies. ... In court documents filed Friday, Indiana, Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming characterized the federal government’s guidelines as “EMTALA’s grant conditions” and said they do not have the power to preempt state law. (Boone, 8/19)
AP:
Arizona Judge Weighs State Request To Enforce Abortion Ban
An Arizona attorney on Friday urged a judge to allow the state to enforce a near-total ban on abortions under a law that has been blocked for nearly 50 years through a now-overruled U.S. Supreme Court decision. Assistant Attorney General Beau Roysden said the judge’s role is simple: now that the high court has overturned Roe v. Wade, the 1973 ruling that legalized abortion, Pima County Superior Court Judge Kellie Johnson should lift an injunction preventing enforcement of that law. (8/19)
AP:
Lawyers Argue To Delay North Dakota Law Banning Abortion
Lawyers for North Dakota’s only abortion clinic asked a judge Friday to delay a trigger law set to ban abortion starting next week, while they pursue a lawsuit challenging the ban on constitutional grounds. The abortion ban is set to go into effect on Aug. 26. The Red River Women’s Clinic in Fargo is seeking a preliminary injunction as part of a lawsuit that says the ban violates the state constitution. Burleigh County District Judge Bruce Romanick said he would make a decision on the motion by the end of [this] week. He did not say how they would proceed with the lawsuit. (MacPherson and Kolpack, 8/19)
Houston Chronicle:
Texas Supreme Court Weighs Rule On Minors Seeking Abortions
An advisory committee to the Texas Supreme Court voted unanimously Friday to keep in place a legal procedure that allows minors to get a judge's approval to have an abortion without the legally necessary parental consent. (Goldenstein, 8/19)
Also —
Axios:
Louisiana Woman Denied Abortion After Fetus Diagnosed With Fatal Condition
A Louisiana woman says she was denied an abortion after her fetus was diagnosed with a fatal condition that prevented it from developing a skull, according to a statement from her lawyer Ben Crump. (Dam, 8/20)
The New York Times:
Is A Fetus A Person? An Anti-Abortion Strategy Says Yes.
Even as roughly half the states have moved to enact near-total bans on abortion since the Supreme Court overturned Roe v. Wade in June, anti-abortion activists are pushing for a long-held and more absolute goal: laws that grant fetuses the same legal rights and protections as any person. So-called fetal personhood laws would make abortion murder, ruling out all or most of the exceptions for abortion allowed in states that already ban it. (Zernike, 8/21)
