Oakland County Judge Jacob Cunningham ruled Friday that prosecutors in Kent, Macomb and Jackson counties, the largest in Michigan and where the abortion clinics are located, cannot file criminal charges under a law of 1931, which came into effect after the Supreme Court struck down Roe v. Wade.
“As currently applied, the court finds that [la ley del aborto] it is chilling and dangerous for our state’s childbearing population and the medical professionals who care for them,” Cunningham said.
The decision was announced after two days of hearings with testimony from abortion experts, reproductive health providers and the state’s chief medical officer.
Because it is important? The ruling is an achievement for the fight for access to abortion temporarily, since it will allow the procedure to be carried out without fear of criminalizing this medical care.
- All Michigan counties with an abortion clinic are, for now, immune from the threat of criminal prosecution for abortion procedures.
- David Kallman, a conservative attorney representing county prosecutors who want to enforce the 1931 law, said his clients plan to appeal.
In detail. Michigan is among seven states with an abortion ban prior to Roe v. Wade that was never repealed, according to the Guttmacher Institute, a nonprofit organization that researches and supports reproductive rights.
- The United States Supreme Court overturned the ruling. Roe v. Wade, which enshrined the right to abortion federally for nearly half a century. Therefore, the previous law came into force.
- The 1931 abortion law makes providing an abortion service a felony, except in cases where it is necessary to save the life of the pregnant woman.
- The governor, Democrat Gretchen Whitmer, and Michigan Attorney General Dana Nessel said they will not enforce the 1931 law.
- Even before the Supreme Court struck down abortion protections, Gov. Whitmer sued prosecutors in the counties where the abortion clinics are located in April to prevent enforcement of the law.
- In May, a court blocked the implementation of the ban. But on August 1, the Court of Appeals ruled in favor of the prosecutors on the grounds that they were local officials. Hours later, Judge Cunningham filed a restraining order against county prosecutors.
- Days later, this week’s hearing was scheduled, where experts heard to decide on the case.
What people say. Gov. Whitmer welcomed the ruling, but said the fight for abortion access is not over yet.
“While today is good news, my team and I will remain vigilant to protect reproductive freedom,” Whitmer said in a statement.
And now that? The American Civil Liberties Union (ACLU) of Michigan, Planned Parenthood of Michigan and the nonprofit organization Michigan Voices have submitted a proposal to amend the state constitution and guarantee reproductive rights, including access to abortion.
- In order to enter the November ballot they had to collect 425,059 signatures. In total, they presented 753,759 signatures in July, almost double what was requested. The Elections Office is reviewing the petition signatures.
- The state Board of Electors, an independent body made up of two Democrats and two Republicans, is expected to meet on August 31 to determine whether abortion access will be part of the November election.
Main news source: Detroit Free Press