Michigan Judge Rules On Abortion Ban

An Oakland County Circuit Court Judge ruled today (August 19) on whether or not to continue to block the enforcement of Michigan's 1931 abortion ban, according to the Detroit News. The decision comes after the Judge listened to two days' worth of arguments for and against the preliminary injunction.

Judge Jacob Cunningham ruled county prosecutors cannot enforce the state's 1931 abortion law while courts continue to consider a lawsuit brought by Governor Gretchen Whitmer. Judge Cunningham said the harm of allowing prosecutors to criminalize abortions could not be "more real, clear, present and dangerous."

Governor Whitmer seeks to overturn the ban as unconstitutional. Judge Cunningham's ruling means abortion will likely remain legal in Michigan until Whitmer's case, or the lawsuit brought by Planned Parenthood in the Michigan Court of Appeals, is fully resolved.

The 1931 abortion law, which is actually an updated version of a law from the 1800s, makes most abortion care illegal in the state. In fact, the 1931 law would make abortion care a felony in Michigan. The law does allow abortions when it's “necessary to preserve the life” of the mother, but many experts argue this language is too old and vague.

The 1931 law was overridden by the U.S. Supreme Court's 1973 decision in Roe v. Wade. However, this ruling was overturned in June, effectively leaving abortion regulation, including the decision to ban abortion altogether, up to individual state.