PONTIAC, Mich. (Michigan News Source) — On Wednesday afternoon, an Oakland County judge ruled to continue a temporary restraining order preventing county prosecutors from pursuing criminal cases under Michigan’s 1931 abortion ban.
The temporary restraining order requested by Gov. Gretchen Whitmer’s attorneys had been granted on Monday after the Michigan Court of Appeals said county prosecutors, who are local officials, have the right to pursue cases against health care providers who perform abortions.
A 1963 Michigan Supreme Court Ruling keeps mothers from being prosecuted under the abortion ban as it only applies to medical providers.
Whitmer’s attorney argued that the “balance of harms is so lopsided.” Her attorney argued not allowing the restraining order to continue would cause “chaos” and a “state of confusion.”
In addition, the attorney argued women who need abortions now will be harmed if the restraining order is rescinded.
Opposing council David Kallman said the restraining order should be ended “immediately,” arguing it should never have been issued to begin with.
“The judge ignored our objections and did not even respond to them,” Kallman told Michigan News Source. “This is a sad day for the rule of law.”
Kallman said earlier they would immediately appeal if the judge denied their motion, but said he will instead wait for the hearing on August 17.