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Michigan Judge Strikes Down 1931 Abortion Ban

AP Photo/Jose Luis Magana

On Monday, a judge blocked enforcement of a 1931 abortion ban in Michigan just hours after the state Appeals Court ruled that county prosecutors could enforce the pre-Roe law. 


Oakland County Judge Jacob Cunningham stepped in and issued the order at the request of pro-abortion Gov. Gretchen Whitmer (D), NBC News reported. He issued a restraining order against prosecutors in counties with abortion providers and scheduled a hearing for Wednesday.

“The legal fight in Michigan continues and this temporary restraining order ensures prosecutors cannot target women or providers in the short term,” said Attorney General Dana Nessel, a pro-abortion Democrat.

On Monday, as Townhall covered, the Michigan Court of Appeals’ ruling allowed county prosecutors to enforce the 1931 law. The law allows prosecutors to file criminal charges against those who provide abortions.

Previously, a Michigan judge issued an injunction on the law just weeks before the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey. The Court of Appeals’ ruling said the injunction covered state officials only.

Townhall covered last month how Whitmer signed a $76 million budget bill but vetoed funds and tax credits for pro-life pregnancy centers and adoption programming that would have equaled less than $20 million, less than 0.03 percent of the entire budget.

“I am using my veto pen to reject line items that harm women's health care. These line items would create a gag rule preventing reproductive health-service providers from even mentioning abortion and otherwise make it harder for women to get the health care they need. Any efforts to undermine a woman's ability to make her own medical decisions with her trusted health-care provider will earn my disapproval. Women and doctors should be making health care decisions — not politicians,” Whitmer’s line-item veto read.


One of the items Whitmer vetoed in her budget signing included $1 million for community colleges to create facilities to provide services for pregnant and parenting students. This would have included housing, child care, flexible academic scheduling, and education about responsible parenting.

“We have the largest budget in history, and we want to throw a bone to adoptive parents, and she's vetoing that?” Genevieve Marnon, the legislative director for Michigan Right to Life, told Bridge Michigan. “Wow, she's for women alright.”

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