August 19th, 12:12pm.
A state judge ruled Friday that local prosecutors can't try to punish those who perform abortions while a case against the law moves forward, as the 1931 abortion ban will remain blocked.
A judge in Oakland County issued a preliminary injunction that blocks the law from being enforced until a final ruling is issued.
The state's health experts testified to the court that the law was dangerously vague and could result in doctors not being able to provide essential medical care.
Cunningham said that the harm of not issuing an injunction could not be more real, clear, present and dangerous.
Cunningham temporarily blocked the law's enforcement until a hearing could be held in the case, which nullified an appeals court ruling that allowed the law to be enforced.
The decades-old law outlaws all abortions except when the mother's life is at risk and makes performing an abortion a felony manslaughter offense.
Michigan Attorney General Dana Nessel, a Democrat, has said she wouldn't enforce the law even though a court ruling temporarily blocked the state from doing so.
Cunningham said that the state is only as strong as its most vulnerable and at-risk populations. Criminalization of our medical professionals for treating the women seeking appropriate, safe, constitutionally protected medical care is a serious threat to our society at large.
According to a report in Bridge Michigan, attorney David Kallman argued that the state wanted to preserve the status quo. Kallman has yet to respond to the request for comment.
According to Bridge Michigan, prosecutors in seven of 13 counties with abortion clinics have said they won't enforce the law.
There are other legal challenges over the law that are still pending. The Michigan Supreme Court has yet to make a decision on whether to fast-track her case or not.
Michigan's abortion laws will be affected by the mid-terms. A ballot measure that would amend the state constitution to protect reproductive and abortion rights is being considered by the state. The words typed out in the proposal don't fit in the allotted space. It is more likely that the state would enforce the pre-Roe law or pass new abortion restrictions without a Democratic governor vetoing them if the Republicans take over.
The Supreme Court's decision to overturn the abortion ban on June 24 has caused a lot of controversy. Wisconsin's law led to abortion clinics stopping the procedure even as state leaders vowed not to enforce it, West Virginia's ban was blocked in court and Arizona officials have disputed whether or not. Local residents in Michigan have reported abortions that have taken place in the state, but police have not investigated the reports.
The court is likely to rule Friday on the legality of the abortion ban.
The 1931 abortion ban can't be enforced by county prosecutors.
The abortion ban can be enforced by local prosecutors.