New MI Judge Ruling Means Doctors Could Immediately Face Charges For Performing Abortions

MICHIGAN — The Michigan Court of Appeals ruled Monday that a temporary injunction blocking enforcement of the state's 1931 abortion ban does not apply to county prosecutors, meaning criminal charges could be filed against doctors for performing abortions right now.

The ruling technically means the state's 1931 law banning abortions — except those done to protect the life of a pregnant person — immediately goes into effect, since county prosecutors are the ones responsible for bringing criminal charges under the 91-year-old law.

However, while some county prosecutors across the state have vowed to enforce the state's 1931 law, which not only bans abortion, but also criminalizes it, other prosecutors, including Oakland County Prosecutor Karen McDonald and Wayne County Prosecutor Kym Worthy have said they will refuse to enforce the law.

The ruling, which will most certainly be immediately challenged by abortion-rights advocates in the Michigan Supreme Court, will draw even more confusion and concern about the law itself, especially since the court left the preliminary injunction in place.

"Today’s ruling will not deter my efforts to continue to fight for Michigan women," Michigan Attorney General Dana Nessel said. "The legal battle continues on multiple fronts and those of us who value access to reproductive healthcare and respect a women’s right to make the best decisions for herself, according to her own moral, cultural and religious beliefs are not backing down."

In April, Michigan Court of Claims Judge Elizabeth Gleicher blocked immediate enforcement of the state's 1931 law if the U.S. Supreme Court would threw out Roe v. Wade, which it did in June. That ruing was met with numerous challenges, including from state Republicans, who argued lawmakers should have the opportunity to revisit the law in the legislature.

Michigan Gov. Gretchen Whitmer has also filed a lawsuit in the Michigan Supreme Court, asking the court to recognize a right to an abortion under bodily integrity provisions in the state's constitution. The court agreed to take up the case and can issue a ruling at any moment.

In addition, a petition that would allow Michigan voters to determine if abortion is a reproductive right was submitted to election officials after it gained more than 750,000 signatures, which is significantly more than the 453,000 it needs to make the Nov. 8 ballot.

The proposal would amend the Michigan constitution to guarantee the right to make decisions about all matters relating to pregnancy, including birth control, abortion, prenatal care and childbirth.