The 6th U.S. Circuit Court of Appeals narrowly reversed two previous decisions that had blocked enforcement of the 2017 law based on the likelihood of it being declared unconstitutional.
The legislation should not obstruct a woman’s right to an abortion, according to a majority of the court, which has shifted to the right in recent years thanks to six appointments by former President Donald Trump.
The majority concluded that Planned Parenthood and many other abortion providers represented by the American Civil Liberties Union erred in relying on a woman’s “absolute right” to an abortion before the fetus is viable outside the womb since that right is neither absolute nor relevant to the case.
While the legal challenge is resolved, the 2017 legislation has been put on hold.
In2018, the ACLU filed a lawsuit on behalf of abortion providers against the state health department, the state medical board, and county prosecutors, claiming that the legislation violates a woman’s fundamental right to a lawful procedure.