Partial-Birth Abortion/Infanticide

Current Status
Michigan adopted two laws attempting to ban partial birth abortions. But like laws in over 30 states across the country, rulings by the U.S. Supreme Court and other lower federal courts, have struck down these protections for partially-born children. Michigan's first partial birth ban was enacted in 1996, and struck down in 1997. A second law, the Infant Protection Act (IPA), was passed in 1999, and struck down in 2001.

The IPA was scheduled to take effect on March 10, 2000, but was temporarily block by federal judge Arthur Tarnow on March 9. Tarnow delayed hearing the case until after the U.S. Supreme Court ruled in the Nebraska partial birth case, Stenberg v. Carhart. On April 23, 2001, Judge Tarnow permanently enjoined the law, saying that the Supreme Court's Stenberg decision was controlling in the Michigan case (Evans v. Granholm). On May 23, 2001, Attorney General Jennifer Granholm announced that she would not appeal the case, thus killing the law for good.

On June 28, 2000, the U.S. Supreme Court released its decision on the hearing of the case heard in April on a Nebraska Partial-Birth Abortion ban. The majority decision was approved by a 5 to 4 vote. The court decided that the ban was unconstitutional because it did not include a "health" clause. The ban did have a life clause that would permit the procedure to be used if the mother's life was in danger despite the fact that the American Medical Association even admitted that the procedure would never be necessary to save the mother's life. However, Roe v. Wade requires that states not impose an "undue burden" on a woman choosing to have an abortion when "necessary, in appropriate medical judgment, for the preservation of the [mother's] life or health." This "health" clause has resulted in abortion on demand for any reason, at any time during the pregnancy, and now the courts have ruled, using any procedure. For more information, click here.

History
S.B. 546, the Infant Protection Act, was introduced by Senator Joel Gougeon on 4/27/99.  The bill declares that a partially-born child is a legal person, and that killing such a child would constitute a felony, punishable by up to life in prison and/or a fine of up to $50,000.  The Infant Protection Act was reported out of the Senate Families, Mental Health & Human Services Committee on 4/28/99.  It was approved by the full Senate on 5/6/99 by vote of 28-8.

Representative Larry Julian introduced H.B. 4656 on 5/11/99, a companion bill to S.B. 546, which creates the criminal sentencing guidelines for persons violating S.B. 546. ( The Julian bill had 62 co-sponsors.)

The House Criminal Law & Corrections Committee held hearings on 6/1/99 and on 6/2/99 on both bills and reported them to the floor on 6/2/99.

The Infant Protection Act received overwhelming support on the House floor, passing by a vote of 70-37 on 6/17/99.  Then, the same day, the Senate concurred on the House's technical amendments, sending the bill to the Governor for his signature.

The Infant Protection Act was signed by the Governor on 7/8/99 but is now permanently enjoined and unenforceable.

You can access S.B. 546 at www.MichiganLeigslature.org, searching by bill number in the "1999-2000 Legislative Session" category.

Earlier Legislative Efforts
On June 6, 1996, Michigan was the first state in the nation to pass a ban on partial birth abortions.  The House voted 63-36 and the Senate voted 28-8 to pass HB 5889.  Governor John Engler signed it into law at a public ceremony on June 14, 1996. 

As expected, the ACLU on behalf of abortionists and abortion clinics waited until 3 days before the law was to take effect on April 1, 1997, before filing a challenge to the law in federal court.  Judge Gerald Rosen was assigned to the case.  He refused to grant an immediate restraining order and chided the ACLU for its last-minute tactic.  A hearing on the constitutionality of the law was scheduled for May 5-7, 1997.  RLM coordinated with the Attorney General's office, national prolife lawyers, and RLM's private counsel to mount a strong defense of the ban. 

However, on July 31, 1997, Judge Rosen issued a decision striking down Michigan's partial birth abortion ban.  The 88-page opinion relied heavily on the testimony of the abortionists challenging the law.  Based on the arguments used by Rosen to strike down the law, the decision would not make for a good test case on appeal.  National Right to Life and Americans United for Life both recommended that the decision not be appealed.

In the 1997-98 session, Senator Joel Gougeon worked intensely on re-drafting a law to prohibit partial birth abortions after Judge Gerald Rosen struck down the first ban. S.B. 888, the new partial birth abortion ban, was introduced on February 2, 1998. 

S.B. 888 passed the Senate on June 4, 1998 by a vote of 29-8.  The bill was then referred to House Judiciary Committee, which had a pro-abortion chairman and majority.  This effectively killed the bill, as the bill, dealing with a health issue, traditionally would have been sent to the House Health Policy Committee.