Judge's injunction will keep abortion legal in Michigan — for now

August 18, 2022, 11:31 PM

Judge Jacob Cunningham

Oakland County Judge Jacob Cunningham has issued a preliminary injunction blocking Michigan's county prosecutors from issuing criminal charges related to the state's 1931 abortion ban.

Macomb County Prosecutor Pete Lucido and at least two others had said they would enforce the long-dormant ban, leaving some clinics in legal limbo.

Cunningham's Friday decision was a response to Whitmer’s request for a preliminary injunction. Abortion is now expected to remain legal in Michigan until the state supreme court rules on the issue or voters decide whether to uphold the right in November. A proposal is awaiting approval for the ballot.

Whitmer's request followed a ruling that applied an injunction to only Michigan Attorney General General Dana Nessel, not county prosecutors. 

Cunningham heard arguments for and against an injunction over two days this week.

Oakland County Prosecutor Karen McDonald issued a statement:

I applaud Judge Cunningham’s decision to uphold the injunction banning the enforcement of the 1931 law criminalizing abortion.  While this is an important victory, we must remember that it is temporary. We will continue the fight to protect reproductive freedom in court but the only way to finish this fight is for Michigan voters to make their voices heard in November.

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