Michigan Judge Blocks Abortion Ban, Opponents React
Friday Oakland County Circuit Court Judge Cunningham ruled against 13 county prosecutors in their push to uphold a 1931 abortion law.
(CBS Detroit) – An injunction blocking an abortions will stay in place.
Judge Jacob Cunningham had strong words for the defendants in this case, stating their testimonies held no merit and criminalizing health care workers and people seeking the procedure is a waste of tax dollars.
“Given the nature of these proceedings, the court suggest the county prosecutors focus their attention and resources in the meantime to investigations and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty and other violent and horrific crimes that we see in our society,” Judge Cunningham said.
Abortions procedures have been legal for 50 years in the state of Michigan and it will remain that way, at least for now.
Friday Oakland County Circuit Court Judge Cunningham ruled against 13 county prosecutors in their push to uphold a 1931 abortion law.
“The body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court,” Judge Cunningham said.
Attorneys representing Governor Gretchen Whitmer say the ruling was a win for over two million women.
“Nobody standing here and nobody I know is every advocating that late-term abortions should be legal,” said Oakland County Prosecutor Karen MacDonald.
“It has not been the law for the last 50 years and it isn’t the law now and all we want is exactly what we have now and what we’ve had for 50 years, which is up to a certain point viability abortion care is legal.”
Judge Cunningham told the court the defendants argument held no weight, disproportionately effects women of child-bearing age and could cause a public health crisis.
The defendants were not in the courtroom Friday for comment, but Conservative Attorney David Kallman told Detroit Now he plans to appeal.
“You cant get a preliminary injunction on the basis of no law,” Kallman said.
“I mean the judge is enforcing a non-existent law. There is not right to abortion under Michigan’s Constitution right now.”
Kallman also says the order only covers the 13 counties mentioned in the lawsuit.
“The other 70 prosecutors in the state of Michigan can still enforce this statute today,” Kallman said.
A change to Michigan’s Constitution to protect reproductive rights could potentially go before voters on the Nov. 8 ballot.
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