Abortion Remains Legal in Michigan for Now – But Injunction Is Only Latest Development in Ongoing Legal Back-And-Forth

The ruling by Michigan Circuit Court Judge Jacob J. Cunningham is latest development in abortion fight kicked off by the Supreme Court’s Decision to overturn Roe v Wade

Abortion Remains Legal in Michigan for Now - But Injunction Is Only Latest Development in Ongoing Legal Back-And-Forth

By Main Street Sentinel Staff

Circuit Court Judge Jacob J. Cunningham granted an injunction that will stop Michigan prosecutors from enforcing a 1931 abortion law that makes the procedure a felony under almost all circumstances, including rape and incest.

“Though the court appreciated both sides of this debate are passionate in their convictions, by not issuing an injunction today the court would send the health-care system into crisis,” Judge Cunningham said.

Cunningham’s decision was prompted by a previous appellate court ruling that would have allowed local prosecutors to move ahead with enforcing the 1931 law; at least 13 prosecutors had signaled their intention to do just that, prompting Governor Gretchen Whitmer to seek a further injunction in Oakland County.

Whitmer lauded the ruling, writing “the lack of legal clarity about abortion in Michigan has already caused far too much confusion for women who deserve certainty about their health care, and hardworking medical providers who should be able to do their jobs without worrying about being thrown behind bars.”

Following the Supreme Court’s decision to overturn Roe v. Wade in June, the 1931 abortion law has become a major point of disagreement among Michigan politicians, including those currently running for office. Despite this latest development, the issue of abortion rights in the state remains unsettled.

“Michigan should be a state where every person has the ability to live, work, thrive, and raise a family on their own terms”, Bay City Commissioner Kristen McDonald Rivet said in a statement following the Supreme Court decision. Rivet is currently running for office in Senate District 35. Rivet is currently the Chief Strategy Officer for the Michigan Health Improvement Alliance, and has previously served as Chief of Staff in Michigan’s Department of Education.

McDonald’s opponent, State Representative Annette Glenn, was hopeful that the 1931 law would be upheld as constitutional. Glenn told the Midland Daily News, “As the mother of five and grandmother to nine, and somebody who’s been endorsed by Right To Life in every election and by Black Americans For Life, I am solidly pro-life.” Before assuming office, Glenn previously worked on political campaigns for the Michigan House and Senate.