OAKLAND COUNTY, Mich. — A hearing continued on Thursday in Oakland County to determine the next steps in Michigan's battle over abortion rights.
Oakland County Circuit Judge Jacob Cunningham said he will make a decision on Friday morning when the hearing resumes at 10:30 a.m.
On August 1, a temporary restraining order was put in place stopping county prosecutors from criminalizing abortion under Michigan's 1931 ban.
On Wednesday, Judge Cunningham extended the temporary restraining order.
Most county prosecutors in Michigan have said they don’t plan on enforcing the 1931 law, which was invalidated by Roe v. Wade, but now hangs in the balance. But some prosecutors, including Kent County Prosecutor Chris Becker, as well as Jackson County’s prosecutor, are part of the defense.
The state is seeking to keep this restraining order in place until the State Supreme Court determines if that 1931 ban is legal.
“Bodily integrity is not a limited right to personal autonomy, that’s what you’re being asked to accept Judge, and there’s no case law to support that one bit,” said defense attorney David Kallman. “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.”
“We’re talking about access to healthcare,” said an attorney representing the state. “750.14 is one of the most draconian abortion laws in the country. It criminalizes abortion from the moment of pregnancy and there is no exception for rape, and there is no exception for innocent, and there is no exception for the health of the mother.”
The hearing will resume Friday morning.
