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Kaiser Daily Women's Health Policy
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In The Courts | Enforcement of Michigan's Legal Birth Definition Act Delayed Until June 15 Pending Court Challenge
[Mar 16, 2005]

      Enforcement of Michigan's Legal Birth Definition Act, which will change the legal definition of birth to the first moment any part of a fetus is outside a woman's body and is showing signs of life, was scheduled to go into effect on March 30 but has been delayed pending a federal court challenge of the law's constitutionality, the Detroit Free Press reports (Bell, Detroit Free Press, 3/15). The measure (SB 395), which was vetoed by Gov. Jennifer Granholm (D) in October 2003 but became law in June 2004 when the Legislature overrode the veto, includes language that would allow doctors to favor the health of a woman having a miscarriage over that of a fetus that potentially could not survive on its own but would ban so-called "partial-birth" abortion. The American Civil Liberties Union, the Center for Reproductive Rights and Planned Parenthood Federation of America on March 1 filed suit in federal court to prevent enforcement of the law (Kaiser Daily Reproductive Health Report, 3/3). Allison Pierce, a spokesperson for Michigan Attorney General Mike Cox (R), said the state needs more time to respond to the lawsuit, but Cox reached an agreement with the three groups to delay enforcement of the measure until June 15, according to the AP/Detroit Free Press. U.S. District Judge Denise Page Hood on Monday approved a temporary restraining order preventing the law from being enforced until June 15 (AP/Detroit Free Press, 3/14).

For current women's health policy news, visit the National Partnership for Women & Families' website.


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