Judge: Prosecutors cannot enforce Michigan's abortion ban

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Judge: Prosecutors cannot enforce Michigan's abortion ban
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“The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court,” Oakland County Judge Jacob Cunningham said during his ruling Friday.

LANSING, Mich. — A Michigan judge on Friday blocked county prosecutors from enforcing the state’s 1931 ban on abortion for the foreseeable future, after two days of witness testimony from abortion experts, providers and the state’s chief medical officer.

Cunningham filed a restraining order against county prosecutors hours after the Aug. 1 appeals court decision and following a request from attorneys representing Democratic Gov. Gretchen Whitmer. Cunningham listened to arguments Wednesday and Thursday in Pontiac before granting the preliminary injunction, which is expected to keep abortion legal throughout the state until the Michigan Supreme Court or voters could decide in the fall.

While Kallman said during closing arguments Thursday that granting a preliminary injunction isn’t how laws should be changed, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to enforce the 1931 ban would cause confusion.

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