(Source: MIRS.news, Published 07/07/2022) Michigan's Republican-led Legislature asked the appellate court Wednesday to overturn a lower court's preliminary injunction stopping enforcement of the abortion-ban law.
The brief filed by Washington, D.C., attorney Nicholas Miller on behalf of the Michigan House and Senate argues Court of Claims Judge Elizabeth Gleicher's May injunction was "extreme judicial overreach" that should be overturned
"The Court of Claims' many errors stem from its failure to make any real effort to confine itself to the proper judicial role," Miller's brief reads, noting the court lacked jurisdiction to grant the injunction.
"The court below improperly arrogated to itself the power to decide a contentious social issue that the Michigan Constitution, properly understood, allows the people of Michigan and their chosen representatives to decide," the brief notes.
The Legislature – although not all lawmakers backed the effort – moved to intervene in Planned Parenthood of Michigan's suit when Attorney General Dana Nessel made crystal clear that her office would not enforce Michigan's abortion-ban laws.
The Legislature, as well as Alliance Defending Freedom, Right to Life (RTL) and the Michigan Catholic Conference (MCC), have argued Gleicher should not have had the case because she is a regular contributor to Planned Parenthood.
Gleicher granted Planned Parenthood's request for the injunction, holding there is a "substantial likelihood" the statute, MCL 750.14, violates the due process clause of the state constitution.
The Legislature argued Gleicher's "daisy chain" finding of a right to bodily integrity – and thus a right to obtain an abortion – relegates doctors to "vending machines."
In the Legislature's brief, Miller argues there is no controversy for the court to have granted preliminary relief and the plaintiffs' claims are hypothetical and speculative. The argument the state constitution doesn't contain a right to abortion is also reiterated in the court filing.
To support its argument, the Legislature points to the U.S. Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization, which overturned the 1973 Roe v. Wade case giving a right to an abortion.
"The democratic process will allow for debate and compromise among the public and its elected representatives," Miller's brief reads. "By contrast, a judicial opinion that overreaches to settle this issue usurps the power of the Legislature, exacerbates polarization, and smothers the potential for a democratic solution and public buy-in."
The Legislature's appeal is separate from one filed by RTL and MCC, and Planned Parenthood's suit is separate from one filed in state court by Gov. Gretchen Whitmer, who also filed an executive message with the Michigan Supreme Court, who hasn't yet said it will hear the case.
It is likely, however, that either Whitmer's Oakland County lawsuit or Planned Parenthood's could end up before the high court's Democratic-nominated majority.
