Michigan Judge Rules Prosecutors Can’t Enforce 1931 Law for Now, but Fate of Abortion in State Remains Uncertain

The ruling by Circuit Court Judge Jacob J. Cunningham drew praise from Governor Gretchen Whitmer, but the fight over abortion in the state has yet to be resolved

Michigan Judge Rules Prosecutors Can’t Enforce 1931 Law for Now, but Fate of Abortion in State Remains Uncertain

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.

“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,” Cunningham said.

The injunction is the result of court proceedings initiated by Governor Gretchen Whitmer, after Michigan’s appellate court ruled in August that a previous injunction did not apply to local prosecutors, at least 13 of whom wanted to enforce the ban.

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.”

Even so, Cunningham’s ruling does not resolve the question of abortion rights in the state. That uncertainty is likely to have an effect on the race for House District 61, where candidate Commissioner Denise Mentzer has already joined Whitmer in denouncing the legislation and affirmed her support for the protections under Roe v. Wade.

Commissioner Mentzer, who is running for the Michigan House of Representatives in the 61st District, has served the City of Mount Clemens for over eight years and has worked as a Senior Buyer with Macomb County for the last five.