PONTIAC, Mich. (Michigan News Source) – The attorney for two county prosecutors is “disappointed, but not surprised” after Oakland County Circuit Court Judge Jacob Cunningham on Friday reinstated a preliminary injunction blocking Michigan’s 1931 abortion ban from taking effect.

The ruling means that abortion providers cannot be prosecuted under the state’s 1931 abortion ban.

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“The trial judge ignored the serious legal issues raised, including the fact that [Gov. Gretchen Whitmer] requested an injunction on the basis of a non-existent constitutional right,” said attorney David Kallman, who is representing the Jackson and Kent County prosecutors in this case. “The law is clear that there is no right to an abortion under Michigan’s Constitution and the judge refused to obey higher court precedent that previously ruled on this issue.”

Kallman said this lawsuit could essentially be a slippery slope. “If this lawsuit is allowed to prevail, the floodgates will be opened to all future governors being able to act as a super-legislator to void any law with which that governor disagrees,” Kallman said. “A future governor could sue to prohibit prosecutors from enforcing environmental laws, gun laws, or any other law he or she does not like. This is an abuse of power…and there is no end to how this new power will be used to essentially overrule the Legislature and other validly enacted laws.”

Judge Cunningham spent close to thirty minutes reading his ruling on Friday, which appeared to include a pat-on-the-back for the state’s witnesses and an admonishment to the prosecutors about what cases they should or should not pursue.

“The court suggests that county prosecutors focus their attention and resources in the meantime to investigation and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty, and other violent, horrific crimes that we see in our society.”

Kallman said he and his team will appeal this decision.

“The Governor claims to represent the ‘voices of women in Michigan,’ yet the voices of 30,000 aborted babies per year in Michigan have been silenced,” Kallman said. “The voices of all the people of Michigan have been silenced. Governor Whitmer clearly does not trust the people to vote and decide the issue.”