Current:Home > ContactMichigan's abortion ban is blocked for now -FinanceCore
Michigan's abortion ban is blocked for now
View
Date:2025-04-19 11:44:48
LANSING, Mich. — A Michigan judge on Friday blocked county prosecutors from enforcing the state's 1931 ban on abortion for the foreseeable future after two days of witness testimony from abortion experts, providers and the state's chief medical officer.
The ruling comes after the state Court of Appeals said earlier this month that county prosecutors were not covered by a May order and could enforce the prohibition following the fall of Roe v. Wade by the U.S. Supreme Court.
"The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court," Oakland County Judge Jacob Cunningham said during his ruling Friday.
David Kallman, an attorney representing two Republican county prosecutors, said an appeal is planned.
"The judge ignored all of the clear legal errors and problems in this case, it appears to me, simply because the issue is abortion," Kallman told The Associated Press following the hearing.
Cunningham had filed a restraining order against county prosecutors hours after the Aug. 1 appeals court decision and following a request from attorneys representing Democratic Gov. Gretchen Whitmer.
While a majority of prosecutors in counties where there are abortion clinics have said they will not enforce the ban, Republican prosecutors in Kent, Jackson and Macomb counties have said they should be able to enforce the 1931 law.
Cunningham listened to arguments Wednesday and Thursday in Pontiac before granting the preliminary injunction, which is expected to keep abortion legal throughout the state until the Michigan Supreme Court or voters could decide in the fall.
In his ruling, Cunningham found all three of the state's witnesses "extremely credible" while dismissing testimony from the defense witnesses as "unhelpful and biased."
The 1931 law in Michigan, which was triggered after the U.S. Supreme Court decision to overturn Roe v. Wade, bans abortion in all instances except the life of the mother. The dormant ban was retroactively blocked from going into effect in May when Judge Elizabeth Gleicher issued a preliminary injunction.
The state Court of Appeals later said that the preliminary injunction only applied to the attorney general's office, meaning that providers could get charged with a felony by some county prosecutors.
While Kallman said during closing arguments Thursday that granting a preliminary injunction isn't how laws should be changed, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to enforce the 1931 ban would cause confusion.
"I'm relieved that everyone in this state knows that it doesn't matter what county you live in now, you are not as a provider going to be prosecuted," Oakland County Prosecutor Karen McDonald said following the ruling
A ballot initiative seeking to enshrine abortion rights into the state's constitution turned in 753,759 signatures in July and is expected to ultimately decide the status abortion access in Michigan. The amendment awaits final approval for the November ballot by the state's Board of Canvassers.
"This court finds it is overwhelmingly in the public's best interest to let the people of the great state of Michigan decide this matter at the ballot box," Cunningham said Friday.
The status of abortion in Michigan is expected to drastically impact the battleground state's November general election, where Whitmer and Attorney General Dana Nessel, also a Democrat, have made abortion rights a centerpiece of their reelection campaigns.
"Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice," Nessel said in a statement issued following Friday's ruling.
veryGood! (1)
Related
- Justice Department, Louisville reach deal after probe prompted by Breonna Taylor killing
- Five best fits for Alex Bregman: Will Astros homegrown star leave as free agent?
- Powerball winning numbers for November 11 drawing: Jackpot hits $103 million
- Georgia public universities and colleges see enrollment rise by 6%
- Arkansas State Police probe death of woman found after officer
- Tony Hinchcliffe refuses to apologize after calling Puerto Rico 'garbage' at Trump rally
- Keke Palmer Says Ryan Murphy “Ripped” Into Her Over Scream Queens Schedule
- After Baltimore mass shooting, neighborhood goes full year with no homicides
- Trump issues order to ban transgender troops from serving openly in the military
- Multi-State Offshore Wind Pact Weakened After Connecticut Sits Out First Selection
Ranking
- Residents worried after ceiling cracks appear following reroofing works at Jalan Tenaga HDB blocks
- Why Kathy Bates Decided Against Reconstruction Surgery After Double Mastectomy for Breast Cancer
- Jennifer Garner Details Navigating Grief 7 Months After Death of Her Dad William Garner
- The Bachelorette's Desiree Hartsock Gives Birth, Welcomes Baby No. 3 With Chris Siegfried
- US wholesale inflation accelerated in November in sign that some price pressures remain elevated
- Texas mother sentenced to 50 years for leaving kids in dire conditions as son’s body decomposed
- Cameron Brink set to make Sports Illustrated Swimsuit debut
- Controversial comedian Shane Gillis announces his 'biggest tour yet'
Recommendation
Costco membership growth 'robust,' even amid fee increase: What to know about earnings release
About Charles Hanover
Hurricane-damaged Tropicana Field can be fixed for about $55M in time for 2026 season, per report
Residents urged to shelter in place after apparent explosion at Louisville business
Meta releases AI model to enhance Metaverse experience
Louisiana House greenlights Gov. Jeff Landry’s tax cuts
Glen Powell Addresses Rumor He’ll Replace Tom Cruise in Mission Impossible Franchise
'Underbanked' households more likely to own crypto, FDIC report says