Commonwealth Policy Center

Last week a Michigan judge struck down the state’s 91-year-old law criminalizing abortion. Michigan Court of Claims Judge Elizabeth Gleicher said in her opinion that “criminalizing” abortion “eliminate access to a mainstay healthcare service.” And “Eliminating abortion access will force pregnant women to forgo control of the integrity of their own bodies, regardless of the effect on their health and lives.” The judge has a right to an opinion. But they don’t have a right to single handedly impose their opinion on an entire state. This is judicial activism. It’s also another example of why states concerned with preserving the democratic process and determining their own laws through elected legislators must amend their constitutions to restrain judges and make clear what their abortion policy should be.