Michigan governor wins preliminary injunction blocking enforcement of state abortion ban News
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Michigan governor wins preliminary injunction blocking enforcement of state abortion ban

Michigan Governor Gretchen Whitmer has announced she won a preliminary injunction in her lawsuit to prevent the enforcement of a 1931 law banning abortions in Michigan. Whitmer stated, “I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution.”

The 1931 law criminalizes the administration of abortion procedures and medication. The law provides no exceptions for rape or incest. In anticipation of the US Supreme Court’s Dobbs v. Jackson Women’s Health opinion, which overturned Roe v. Wade, a Michigan court in May issued an injunction blocking enforcement of the 1931 law. That injunction was later overturned when a Michigan Court of Appeals judge found that although the Michigan Attorney General cannot enforce 1931 law, local county prosecutors can.

Whitmer filed for a preliminary injunction against local county prosecutors in the Oakland County Circuit Court. After winning the preliminary injunction Friday, Whitmer stated:

While today is welcome news, my team and I will remain vigilant in protecting reproductive freedom. The sad reality is that a number of leaders in the state are actively looking for ways to make sure Michigan’s draconian 1931 law, which bans abortion for all women, doesn’t include exceptions for rape or incest, and criminalizes nurses and doctors who offer reproductive care, is the law of the land. I am proud of my team today, but our work continues.

In addition to her legal challenges, Whitmer in April urged the Michigan Supreme Court to determine whether the state’s constitution recognizes a person’s right to abortion.

Until Whitmer’s Supreme Court case is resolved, the injunction prevents enforcement of the 1931 law and keeps abortion legal in Michigan. Attorneys representing local county prosecutors told the AP that they plan to appeal the preliminary injunction.

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