LANSING, Mich. (Michigan News Source) – On Wednesday, a state Court of Claims judge struck down Michigan’s 1931 abortion ban, but the fight over the right to a legal abortion in Michigan appears far from over.
Court of Claims Judge Elizabeth Gleicher issued a permanent injunction against the ban, which she said stops law enforcement from prosecuting abortion providers in the state.
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The ruling in the case of Planned Parenthood of Michigan’s case against Attorney General Dana Nessel includes instructions for her office to advise Michigan county prosecutors that the law has been declared unconstitutional.
David Kallman, an attorney representing the Jackson and Kent County prosecutors, called this lawsuit “friendly” since Nessel and Planned Parenthood both have the same goals when it comes to abortion rights up until the moment of birth.
In addition, Kallman told “The Steve Gruber Show” on Thursday that Judge Gleicher is thumbing her nose at her court of appeals colleagues since it previously ruled she has no authority or jurisdiction to bind prosecutors under the injunction.
“This order is not binding on [my prosecutor clients],” Kallman said. “Good luck with the Court of Claims trying to enforce this order against county prosecutors. The judge is trying to intimidate prosecutors around the state to not enforce this law.”
Kallman said he plans to file an appeal on Friday in another case brought before an Oakland County courtroom by Gov. Gretchen Whitmer. Last month, a judge issued an injunction in that case which affects 13 prosecutors. When he read his decision, Judge Jacob Cunningham admonished prosecutors to enforce other laws and
reminded people about the upcoming November 8 election.
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“If you’re a doctor, hospital, or abortion provider in these other 70 counties, I’d be thinking twice before I rely on Judge Gleicher,” Kallman said.
Meanwhile, the Michigan Supreme Court has a Friday deadline to decide a case between Reproductive Freedom for All and the Board of State Canvassers. The board deadlocked last week over a ballot initiative that would ask voters to enshrine abortion up to the moment of birth in the state constitution.
