Planned Parenthood donor and Michigan Court of Claims Judge Elizabeth Gleicher issued a decision earlier this month holding Michigan’s law banning abortion unconstitutional. The law, which prohibits abortion except in cases where it is necessary to preserve the life of the mother, remains unenforceable following Roe v. Wade’s repeal according to Judge Gleicher, who arrived at her decision by applying the same poor reasoning employed by the Supreme Court in 1973. Like the Roe court before her, Judge Gleicher has made an arrogant attempt to settle the most contentious political issue of our time through judicial fiat.
However much Judge Gleicher wishes it were so, neither the U.S. Constitution nor the Michigan constitution makes any reference to a right to abortion. This leaves Judge Gleicher no choice but to contrive such a right from the Michigan constitution’s due-process and equal-protection clauses.
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