Judge grants temporary restraining order against Michigan’s 1931 abortion law

LANSING, Mich. (WILX) - An Oakland County circuit court judge issued an order Monday that blocked prosecutors from enforcing Michigan’s 1931 abortion ban.

The order was in response to a Michigan Court of Appeals ruling from Monday morning that said prosecutors could enforce the ban.

Background: Court: Michigan prosecutors can enforce abortion ban

Shortly after, Gov. Gretchen Whitmer filed a request for a temporary restraining order regarding enforcement of the ruling.

Judge Jacob J. Cunningham handed down the temporary restraining order that blocked prosecutors in 13 counties, including Ingham and Jackson counties, from enforcing the 1931 law. They are the only counties in Michigan with clinics that perform abortions, so those are the only prosecutors who would have been able to enforce the law.

The injunction stops county prosecutors from criminally prosecuting abortions in Michigan while the order is pending, according to the Attorney General’s office.

The order can be read below.

Cunningham has scheduled a Zoom hearing Wednesday to hear arguments.

A separate lawsuit was filed Monday morning by Planned Parenthood, meaning there are two lawsuits at the same time with rules from one impacting the other.

Whitmer has asked the Michigan Supreme Court to take over so there’s no more confusion.

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