Judge: Prosecutors cannot enforce Michigan's abortion ban

LANSING, Mich. (AP) — 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.

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.

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.

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