County prosecutors can’t enforce Michigan abortion ban


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Pontiac – An Oakland County judge ruled Friday that county prosecutors cannot enforce the state’s 1931 abortion law because courts rule a lawsuit by Governor Gretchen Whitmer that was unconstitutional seeks to overturn the ban.

This means abortion will likely remain legal in Michigan until Whitmer’s case or a lawsuit by Planned Parenthood in the Michigan Court of Appeals is fully resolved.

Circuit Court Judge Jacob Cunningham said the evil of allowing prosecutors to criminalize abortions could not be “more real, clear, present and dangerous”. The 1931 abortion ban is inconsistent with the state Constitution, he said, because weaponizing the criminal law against abortion providers violates legality.

“A person who is carrying a child has the right to bodily autonomy and integrity and to a safe doctor-patient relationship free from government interference, as they have been able to do for almost 50 years,” said said Cunningham, adapting the concept of body integrity used by Claims Court Judge Elizabeth Gleicher May preliminary injunction in a family planning trial.

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