The judge upon whom a stay of Michigan’s abortion ban depends won’t recuse herself from litigation challenging the ban despite her donations to Planned Parenthood and a history of advocating in abortion rights litigation.
Michigan Court of Claims Judge Elizabeth L. Gleicher issued a ruling Friday rejecting the GOP-controlled Michigan Legislature’s motion for her to recuse herself based on her affiliation with the plaintiff, Planned Parenthood, who sued the state to invalidate Michigan’s 1931 abortion ban.
Gleicher is a donor to the defendant, Michigan Attorney General Dana Nessel (D), who refused to defend the law. Gleicher is a former pro bono attorney for the American Civil Liberties Union for which she advocated against abortion restrictions.
“Intervening defendants’ claim that a judge who has made small contributions to an organizational party must recuse herself is simply unprecedented,” Gleicher said in her 12-page opinion. “Just as judges must be presumed to be impartial even if they have repeatedly ruled against or previously represented a party or its interests, judges must be presumed to be capable of separating the objects of their personal charitable giving from their professional obligations.”
Gleicher ruled on May 17 that a right to an abortion lies in bodily autonomy protection guaranteed in the Michigan Constitution. Her decision came between the leak and a finalized US Supreme Court decision ending a federal right to abortion in Dobbs v. Jackson Women’s Health Org.
When Gleicher’s decision came down anti-abortion lawyers criticized allowing the case to continue before her.
“Michigan citizens are entitled to neutral decision makers, and government officials have a duty to uphold the law and protect their citizens, including unborn children,” John Bursch, a lawyer for Right to Life of Michigan and the Michigan Catholic Conference, said in a statement.
In separate litigation Gov. Gretchen Whitmer (D) has challenged the state’s stayed abortion ban, using similar arguments to those Gleicher included in her stay order.
Planned Parenthood receives funding from Bloomberg Philanthropies, the charitable organization founded by Bloomberg Law owner Michael Bloomberg.
The case is Planned Parenthood of Michigan v. Nessel, Mich. Ct. Cl., No. 22-000044-MM, recusal motion denied 7/29/22.
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