LANSING, Mich. (Michigan News Source) – The Michigan Court of Appeals has declined to take up an appeal from the Michigan House and Senate requesting a three-judge panel overturn a lower court preliminary injunction that’s stopping the enforcement of the state’s 1931 abortion ban.
The brief order issued Wednesday outlines the judge’s denial of the legislature’s appeal because it wasn’t persuaded the issue needed immediate appellate review.
The Legislature asked the Court of Appeals to weigh in on the matter July 6, after Court of Claims Judge Elizabeth Gleicher rejected lawmakers’ request that she reverse the May preliminary injunction she issued stopping enforcement of the state’s abortion law.
The House and Senate argued in their filing to the Court of Appeals that Gleicher lacked jurisdiction to issue the preliminary injunction and that she’d incorrectly ruled Planned Parenthood of Michigan was likely to succeed on its argument that Michigan’s constitution contained a right to abortion.