OAKLAND COUNTY, Mich. — An Oakland County judge issued a ruling on Friday extending the preliminary injunction that blocks the enforcement of Michigan’s 1931 abortion ban.
Currently, an abortion cannot be prosecuted in the state.
"Given the nature of these proceedings, the court suggests the county prosecutors focus their attention and resources in the meantime, to investigation and prosecution of criminal sexual conduct homicide, arson, child and elder abuse, animal cruelty and other violent horrific crimes that we see in our society," said Judge Jacob Cunningham.
Watch the decision here:
Hearings have been taking place in Oakland County for the last couple of days.
Judge Cunningham was tasked with deciding if county prosecutors in the state would also be blocked from enforcing the state's abortion ban, at least until the state Supreme Court decides if a 1931 law is legal.
READ: Court of Appeals rules county prosecutors can enforce state's abortion ban
The state appeals court said a previous decision to suspend the law applies to the attorney general's office, but not county prosecutors.
On August 1, a temporary restraining order was put in place to stop county prosecutors from criminalizing abortion under 1931's trigger law.
Kent County Prosecutor Chris Becker is one of the local prosecutors arguing for the ability to enforce that abortion ban at the county level.
The 1931 law went back into effect when Roe V. Wade was overturned in June, but a pair of lawsuits by the governor's office stopped enforcement.
The state and defense teams made their final arguments for and against that abortion ban law on Thursday.
"There are women who elect to have abortions. That's absolutely true, and there's nothing wrong with that," said State of Michigan Chief Deputy Attorney General Christina Grossi. "It is also true that there are some women who have abortions not because they want to, but because they have to. The challenge is, as a woman, you don't know which camp you're going to fall into until it happens to you," she said.
"Bodily integrity is not a limited right to personal autonomy," said Defense Attorney David Kallman. "That's what you're being asked to accept Judge, and there's no case law to support that one bit. If it were, the Michigan Supreme Court would've recognized the constitutional right to assisted suicide based on bodily integrity, rather than rejecting it 30-years ago in the Kevorkian case," he said.
Shortly after the ruling was issued, Governor Gretchen Whitmer released a statement saying she was grateful for the ruling and promising to "fight like hell for women and health care providers.
Here's Governor Whitmer's full statement:
“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.”
After the ruling, Attorney General Dana Nessel issued a statement.
“Abortion is critical healthcare. Uncertainty around the law has a chilling effect on the conduct of doctors and therefore limits access to care for Michigan women. Maintaining access to reproductive healthcare is absolutely necessary for the health and well-being of women and it is our duty to ensure that access for the roughly two million women of reproductive age who call Michigan home.
Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice. There is no doubt that the statue criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise and oath.
Women do not need to be protected from themselves by denying them the ability to make personal medical decisions consistent with their own moral, cultural, religious and ethical beliefs. Restricting access to reproductive healthcare jeopardizes the ability of physicians to deliver appropriate care and it denies women the right to decide the most intimate issues regarding their health, their bodies and their lives.”
