A Michigan Court of Appeals Monday ruled that the state Attorney General cannot enforce Michigan’s dormant abortion ban but local county prosecutors can.

The case stems from a Michigan Court of Claims order from May 17. The order prohibits the AG “and anyone acting under [the AG’s] control and supervision” from enforcing the state’s abortion ban that was dormant until the overturning of Roe v. Wade in June.

Two county prosecutors, Jared Jarzynka and Christopher Becker, tried to appeal the Court of Claim’s order. Plaintiff Planned Parenthood of Michigan argued that, as county prosecutors, Jarzynka and Becker were state actors under the control of the AG. Thus, the county prosecutors could have intervened in the Court of Claims case, but because they did not, they do not have judicial standing to appeal the order now.

The appeals court determined that Michigan’s state constitution only delegates county prosecutors with authority over their own local county. Thus, county prosecutors are local, not state, actors. Because they are local actors, the order prohibiting the state AG from enforcing the abortion ban does not apply to county prosecutors.