LANSING, Mich. (Michigan News Source) – The Michigan Court of Appeals ruled Monday that county prosecutors can enforce Michigan’s 1931 ban on abortion despite a state judge’s injunction that blocks state officials from enforcing the ban.

That means Judge Elizabeth Gleicher’s injunction against the state’s abortion ban still stands, but if someone brings a case to county prosecutors, they can choose to file criminal charges against doctors and health workers who provide abortion services under the state’s ban. The ban includes a narrow exception for saving the mother’s life.

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Attorney David Kallman, who represented the prosecutors from Kent and Jackson Counties, called it a “victorious defeat” and said the preliminary injunction is not binding on county prosecutors.

“The end results means the 1931 abortion ban is in effect in state of Michigan right now,” Kallman told Michigan News Source. “If a doctor or hospital provides an abortion for any other reason than to save life of mother, they can be prosecuted.”

Kallman pointed out one of the most important distinction in the case lies with county prosecutors who said they will not prosecute medical providers under the abortion ban.

“So what,” Kallman said. “Prosecutors come and go and can be voted out of office. There’s a statute of limitations for [abortion related crimes] for six years.”

The Michigan Supreme Court ruled in 1963 that mothers cannot be prosecuted for having an abortion. The state’s 1931 ban only applies to medical providers.

Jackson County Prosecutor Jerry Jarzynka spoke with Michigan News Source, saying “We are elated with the ruling because we felt from the beginning that the injunction did not apply to county prosecutors.  The court of appeals’ opinion was clear that county prosecutors are local officials, not state officials and therefore the court of claims would not have any jurisdiction over them,” Jarzynka said.

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When asked whether he may see cases brought to him regarding doctors and health providers violating the abortion ban, he said, “My position is the same now as it was in the beginning,” Jarzynka said. “If a police agency brings a case to me for violating the abortion statute I will investigate  it like any other case. I will not prejudge and I will look at the evidence.”