Judge Temporarily Blocks Prosecutors From Enforcing MI 1931 Law

OAKLAND COUNTY, MI — Oakland County Circuit Court Judge Jacob Cunningham issued a preliminary injunction Friday, blocking local county prosecutors from criminally charging doctors who perform abortions while further legal proceedings play out.

Cunningham's ruling comes after hearing arguments the past two days in an Oakland County courtroom, where lawyers from the governor's office said the state's 1931 law is too vague and puts doctors in tough situations.

"As currently applied, the court finds (the abortion law) is chilling and dangerous to our state's population of childbearing people and the medical professionals who care for them," Cunningham said.

Although county prosecutors are expected to appeal the ruling, Cunningham noted the matter will likely be determined by voters in November, as a petition asking voters to decide if abortion is protected in the state's constitution makes its way through election officials .

The ruling keeps abortion legal in the state after a state judge essentially nullified a previous preliminary injunction that blocked immediate enforcement of the state's abortion ban. That ruling allowed local county prosecutors to go after and criminally charge doctors for performing abortions.

"Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice," Cunningham said. "There is no doubt that the statue criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise and oath."

Cunningham's ruling will likely keep abortion legal in the state until the state Supreme Court decides on a lawsuit Gov. Gretchen Whitmer filed earlier this year. Even after the court issues a ruling, something it can do at any moment, the state's abortion could ultimately be decided by voters in November.