Michigan Court Blocks 1931 Abortion Ban Enforced by County Prosecutors

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Just hours after an appeals court determined that local prosecutors may enforce a 1931 prohibition on abortions, a Michigan judge on Monday denied them the right to do so, according to the state’s attorney general, Dana Nessel, Reuters reported.

However, although the legal challenge to the laws’ fundamental validity is ongoing, the most recent judgment from a court in Kentucky reinstates two abortion restrictions.

According to Nessel, an appeals court decision from earlier Monday that had allowed for such charges was put on hold by the temporary restraining order issued in Michigan by Oakland County Judge Jacob Cunningham.

The Roe v. Wade decision legalized abortion on a national scale about 50 years ago, although some state abortion prohibitions existed prior to that time. The Michigan legislation makes it a crime to conduct an abortion unless it is necessary to preserve the pregnant woman’s life.

In multiple states with conservative majorities in legislatures, the regulation of abortion is left up to the states, and new and existing laws are being challenged in the courts. The newest example of this is the back-and-forth about whether it can be implemented.

Republican Attorney General Daniel Cameron’s emergency bid to reinstate two statutes that would effectively outlaw all abortions was approved by the state court of appeals in Kentucky. The two measures had previously been barred by a lower court, which had determined that they probably went against the state’s constitution.

Whitmer is requesting that the state Supreme Court uphold the state constitution’s protection of the right to abortion because she is worried that the Republican-controlled legislature may try to limit it.

Supporters of abortion rights have also submitted a petition to bring an amendment to the Michigan state constitution up for referendum this autumn, allowing Michigan voters to determine whether abortion rights be preserved. Most Michigan people favor the right to an abortion, according to opinion polls.

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