Judge strikes down 1931 Michigan law criminalizing abortion

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DETROIT (AP) — A judge on Wednesday struck down Michigan's 1931 anti-abortion law, months after suspending it, the latest development in a state where abortion rights are being determined in courtrooms and, possibly, at the ballot box.

Judge Elizabeth Gleicher says that the law, which was long dormant before the U.S. Supreme Court overturned Roe v. Wade in June, violates the Michigan Constitution. 

The decision comes as the Michigan Supreme Court still is considering whether to place a proposed amendment on the Nov. 8 ballot that would add abortion rights to the state constitution. A Friday deadline is looming.

In the case handled by Gleicher, the 1931 law makes it a crime to perform abortions unless the life of the mother is in danger.

She suspended the law in May with an injunction. Her latest decision applies to all state and local prosecutors in Michigan.

The lawsuit was filed by Planned Parenthood. Gleicher declined to pass the case to another judge, despite acknowledging that she has been a regular donor to the organization.