A Michigan judge ruled Friday that prosecutors cannot enforce a 1931 state law that restricts abortion in all cases except where the life of the mother is threatened, Politico reports.
“The court could not issue the injunction because of the harm it would cause to women or pregnant people,” Jacob Cunningham, an Oakland County judge, stated during the ruling.
Michigan governor Gretchen Whitmer filed a lawsuit to the April asking the court to declare that the state’s constitutional protection of abortion was in place. Whitmer’s lawsuit sought to supersede the 1931 trigger law which would go into effect following the then-impending Supreme Court decision to overturn Roe v. Wade which intended to return abortion laws back to the states. (RELATED: Indiana Becomes First State To Approve Near-Total Abortion Ban Post Dobbs)
“If Roe is overturned, abortion could become illegal in Michigan in nearly any circumstance–including in cases of rape and incest– and deprive Michigan women of the ability to make critical health care decisions for themselves,” Whitmer said in a statement at the time.
Judge Cunningham is in court and we are off pic.twitter.com/OqT6XBCRJR
— Grant Hermes (@GrantHermes) August 18, 2022
“The judge ignored all of the clear legal errors and problems in this case, it appears to me, simply because the issue is abortion,” David Kallman, an attorney representing two Republican county prosecutors, told The Associated Press following the ruling.
Kallman stated that an appeal is being planned.
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