ANN ARBOR, Mich. (AP) — After hearing testimony from abortion specialists, providers, and the state’s top medical officer over two days, a Michigan court barred county prosecutors from enforcing the state’s 1931 abortion ban for the foreseeable future on Friday.
Following the U.S. Supreme Court’s decision to overturn Roe v. Wade, the Texas Court of Appeals ruled earlier this month that county prosecutors were not covered by a May injunction and may enforce the restriction.
The injury to the body of women and those capable of pregnancy could not be more real, plain, present, and threatening to the court, Oakland County Judge Jacob Cunningham stated in his order Friday.
An appeal is anticipated, according to David Kallman, an attorney for two Republican county prosecutors.
The judge appears to have dismissed all of the evident legal mistakes and issues in this case just because the topic is abortion, Kallman told The Associated Press after the hearing.
Cunningham filed a restraining order against county prosecutors hours after the appeals court judgment on Aug. 1 and in response to a plea from counsel for Democratic Gov. Gretchen Whitmer.
Although the majority of prosecutors in counties with abortion facilities have stated that they would not enforce the prohibition, Republican prosecutors in Kent, Jackson, and Macomb counties have stated that the 1931 legislation should be enforced. Macomb County, located just north of Detroit, and Kent County, located in western Michigan, are the state’s third and fourth most populous counties, respectively.
Cunningham heard arguments in Pontiac on Wednesday and Thursday before issuing the preliminary injunction, which is anticipated to keep abortion lawful throughout the state until the Michigan Supreme Court or voters make a decision in the autumn.
Cunningham ruled that all three of the state’s witnesses were very credible, whereas the defense witnesses’ evidence was unhelpful and prejudiced.
The Michigan legislation, enacted in 1931 in response to the United States Supreme Court’s decision to overturn Roe v. Wade, prohibits abortion in all circumstances save those involving the mother’s life. Judge Elizabeth Gleicher ordered a preliminary injunction in May, preventing the dormant ban from entering into force retrospectively.
The state Court of Appeals eventually ruled that the preliminary injunction only applied to the attorney general’s office, implying that certain county prosecutors might prosecute providers with a crime.
While Kallman claimed during closing arguments Thursday that giving a preliminary injunction is not the proper way to modify legislation, attorneys for Whitmer contended that leaving county prosecutors to determine whether to enforce the 1931 prohibition would generate confusion.
I’m glad that everyone in this state knows that no matter what county you live in today, you will not be charged as a provider, Oakland County Prosecutor Karen McDonald said after the judgment. Oakland is Michigan’s second most populous county. The prosecutor for Wayne County, which encompasses Detroit and is the most populous in the state, had previously stated that she would not pursue such prosecutions.
In July, a ballot measure aiming to codify abortion rights in the state constitution received 753,759 signatures and is anticipated to determine the future of abortion access in Michigan. The amendment is awaiting final approval by the state’s Board of Canvassers for inclusion on the November ballot.
This court thinks that it is overwhelmingly in the best interests of the public to allow the people of the great state of Michigan determine this subject at the ballot box, Cunningham said Friday.
The status of abortion in Michigan is anticipated to have a significant influence on the November general election in the battleground state, where Whitmer and Attorney General Dana Nessel, both Democrats, have made abortion rights a focus of their reelection campaigns.
Without this interim injunction, physicians face a very real possibility of prosecution depending on where they operate, Nessel said in a statement published after the verdict on Friday.
___Joey Cappelletti works with the Associated Press/Report for America Statehouse News Initiative as a corps member. Report for America is a non-profit national service initiative that sends journalists in local newsrooms to cover stories that might otherwise go unnoticed.
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