Abortion Remains Legal in Michigan After Court Extends Block on 1931 Ban

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Abortion Remains Legal in Michigan After Court Extends Block on 1931 Ban
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Enforcement of the ban would cause 'irreparable danger to our society at large,' the judge said in his ruling.

A Michigan judge on Friday issued a preliminary injunction that prevents county prosecutors from enforcing the state’s 1931 abortion ban. This means they cannot file criminal charges against abortion providers, as would be permitted by the ban.

In May, a judge suspended enforcement of the 1931 ban, but on August 1 the Michigan Court of Appeals ruled that county prosecutors could still file criminal charges against abortion providers under the law. Later that same day, an Oakland County Circuit Court judge approved Whitmer’s request for a temporary restraining order on that ruling.

The Judge Jacob Cunningham of Oakland County Circuit Court ultimately sided with the state, saying that it is “clear to the court that only one group is harmed by the [abortion ban]: Women and people capable of carrying children, and one group, men and people capable of impregnating someone, had zero culpability or risk, yet are a necessary component to this equation.”

Whitmer, who has been Michigan’s governor since 2019, is one of six Democratic women governors in the country who have each taken steps to safeguard abortion access in their states since Roe was overturned in June.

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