PONTIAC, Mich. (Michigan News Source) – Oakland County Judge Jacob Cunningham reinstated a preliminary injunction blocking Michigan’s 1931 abortion ban from taking effect.

The ruling means Michigan prosecutors cannot prosecute abortion providers under the state ban and the injunction remains in effect until the Michigan Supreme Court determines if abortion is constitutionally protected in Michigan.

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In the reading of his ruling in court on Friday morning, Judge Cunningham referred to the 1931 statute as
“dangerous and chilling” when it comes to “women…transgendered men…and pregnant people.”

“From the court’s perspective, there is precisely zero harm to the defendants by granting a preliminary injunction,” Cunningham stated.

Later, Cunningham admonished prosecutors and told them what kinds of cases they should focus on prosecuting.

“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.”

Attorney David Kallman, who represents the Jackson and Kent County prosecutors in this case, told Michigan News Source he’s not surprised by the ruling and plans to appeal within the next 21 days.

“[Judge Cunningham] ignored all our arguments,” Kallman said. “He made a pragmatic decision, not a legal one.”

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A ballot initiative may be before voters in November which could render this case moot. If ballot language is approved, it would ask voters to enshrine a right to abortion up until the moment of birth in the Michigan Constitution.

In his court reading, Judge Cunningham referenced the “fair and free electoral process.”

“As a final note, the court reminds the public that the final date to register to vote is October 24, 2022.”

Gov. Gretchen Whitmer issued a statement immediately after the ruling, stating, “I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution.” She has repeatedly vowed to “fight like hell” for abortion access in Michigan through all nine months of pregnancy.