OAKLAND COUNTY, Mich. — After two days of testimony in an Oakland County courthouse, a Michigan judge has ordered a preliminary injunction that blocks the state's pre-Roe abortion ban.
Judge Jacob Cunningham says the pause on Michigan's 1931 Abortion Ban, will continue, and the denial of the injunction would cause "irreparable harm" to the people of Michigan.
Kent County Prosecutor Chris Becker previously stated he would enforce the 1931 law and review any report presented to his office.
Becker stated that it should be up to him whether or not to enforce the law.
"I do not believe it proper for me to simply ignore a law, any law, that was passed by the Michigan Legislature and signed by the Governor," Becker said. "I have always held it would be improper for me to pick and choose the laws I wish to enforce that have validly passed and signed. I will not start now."
You can read Becker's full statement here.
Following Judge Cunningham's ruling Friday afternoon, Becker said he has no plans to violate the injunction.
"This was a valid one. The one with the Court of Claims I had issues with because we weren't under the control of the Attorney General and that was the whole premise of that one. So this one is valid," said Becker. "We're not going to do anything at this point in time. We'll follow the rules as we're supposed to."
The decision affects millions of women in Michigan.
One of the main arguments in the current case before Judge Cunningham is if the 1931 law is vague. The state argues that there is a gray area in the law that is open to individual interpretation, while the county prosecutors says it is not.
Gov. Gretchen Whitmer issued this statement after the ruling:
“I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution. I am particularly grateful to Attorney General Dana Nessel and her team for their work on behalf of the state.
“The lack of legal clarity about abortion in Michigan has already caused far too much confusion for women who deserve certainty about their health care, and hardworking medical providers who should be able to do their jobs without worrying about being thrown behind bars. Once, over the course of a single day, abortion was legal in the morning, illegal around lunch time, and legal in the evening. We cannot have this kind of whiplash about something as fundamental as a woman’s right to control her own body. Michigan women are understandably scared and angry, and they deserve better than being treated as second class citizens.
“While today is welcome news, my team and I will remain vigilant in protecting reproductive freedom. The sad reality is that a number of leaders in the state are actively looking for ways to make sure Michigan’s draconian 1931 law, which bans abortion for all women, doesn’t include exceptions for rape or incest, and criminalizes nurses and doctors who offer reproductive care, is the law of the land. I am proud of my team today, but our work continues.
“Back in April, I filed a lawsuit and asked the Michigan Supreme Court to determine if abortion is constitutionally protected in Michigan. While we wait for the Supreme Court to rule, I will continue using every tool in my toolbox to fight like hell for women and health care providers.”
A conservative Christian legal advocacy group called Alliance Defending Freedom opposes the ruling, saying it's not a serious constitutional analysis.
"The Oakland County Circuit Court judgement repeats that exact same mistake. It pays no attention whatsoever to unborn life and that infects it's constitutional analysis in a variety of ways that really would cause one not to take the opinion seriously as a legal matter," said John Bursch, VP of Appellate Advocacy of the Alliance Defending Freedom.
The Oakland County judge said the people of Michigan should decide this matter at the ballot box this November.
The ACLU said they've reached enough signatures to get abortion protections on the ballot.
However, Alliance Defending Freedom states the measure creates a fundamental right to abortion, even for minors without parental consent, a right to transgender sterilizations, and abortion throughout all nine months of pregnancy with no safety protections.
The state's board of canvassers will meet on August 31 to announce whether the constitutional amendment protecting abortion rights will be on the ballot.
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