1997
On March 17, a unanimous three-member Appeals Court panel made up of Judges Maureen Pulte Reilly, Mark Cavanagh and Robert Anderson upholds the 24-hour delay/medical misinformation law. The Court stated that the Michigan Constitution does not create a right to abortion separate from the federal right and that the restrictions imposed by the 24-hour waiting period/so called “informed consent” law violate that right. The case is appealed by the ACLU to the Michigan Supreme Court.

On March 31, a request by the ACLU for a temporary restraining order and preliminary injunction to block the “partial-birth” abortion ban is denied by Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan in Detroit. The lawsuit challenges the constitutionality of the ban as well. The ban goes into effect but a hearing is scheduled for May 5, 1997.

On March 27, the Senate passes SB 21, the “Pregnant Woman and Prenatal Protection Act.” Though the bill does not define a fetus as a human from the moment of conception, it creates separate criminal penalties for the injury or death of a fetus or embryo.

On April 23, Judge Gerald Rosen lifts part of the “partial-birth” abortion ban, assuring that doctors may perform other late-term abortion procedures without fear of prosecution. The intact D&X method, however, remains illegal.

On July 31, Judge Gerald Rosen permanently enjoins the “partial-birth” abortion ban. The 88-page opinion finds the law unconstitutionally vague and an undue burden on a woman’s right of reproductive choice.

In August 1997, several FY 1998 appropriations bills pass that contained restrictive language on abortion coverage. The K-12 budget (PA 93 of 1997), a two-year budget bill, prohibits abortion to be included in employees’ health care coverage, except to save the life of a woman. Violation of this requirement would result in a five percent reduction of the total state school aid for the district. The community college budget (PA 85 of 1997) denies abortion coverage for employees except in the case of life endangerment. The Civil Service budget (PA 111 of 1997) also denies coverage except in the case of life endangerment and requires elimination of abortion coverage through negotiation of future collective bargaining agreements. The Judiciary budget (PA 105 of 1997) prohibits providing legal assistance with respect to any proceeding or litigation which seeks to procure an abortion. In addition, the Community Health budget (PA 94 of 1997) continues to state that state funds for pregnancy prevention cannot be used to provide abortion counseling, referrals or services.

On August 27, the 30th Judicial Circuit Court for the County of Wayne ruled in People v Higuera (1997) that the 1931 law banning all abortions is unconstitutionally vague. PA 328 of 1931 banned all abortions except to save the life of the mother. In 1973, People v Brickner (389 MI 524) upheld parts of the laws not overturned by Roe, such as allowing only physicians to perform abortions. The state has appealed the case.

1998
1999
2000
2001
2002
2003
2004
2005
2006
2007

* Italics indicate federal actions which affect Michigan law

NOTE: Green text indicate the effective date of Michigan Public Acts

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