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Appeals Court interested in dispute over Michigan 1931 abortion ban

Michigan State Capitol on a foggy day
Maxim Jenkins
The 1931 law bans abortion in most instances, except to preserve the life of the pregnant person.

The Michigan Court of Appeals has opened the door to abortion opponents who are trying to overturn a recent decision that suspended the state’s long-dormant ban on the procedure.

The court set a briefing schedule that runs through July 5.

A judge at the Court of Claims last week issued a preliminary injunction that freezes a 1931 ban on abortion in most instances.

If the injunction stands, it means abortion would not be illegal in Michigan if the U.S. Supreme Court overturns the landmark Roe v. Wade decision by summer.

Right to Life of Michigan, the Michigan Catholic Conference and two county prosecutors are asking the appeals court to throw out the injunction.

Governor Gretchen Whitmer has brought a lawsuit to the Michigan Supreme Court asking for the 1931 law to be declared unconstitutional under the state constitution.

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