Whitmer Crows About ‘Win for Women’ as Judge Blocks Michigan Abortion Law – Opinion

A circuit court judge in Michigan issued an injunction Friday against the state’s 1930s-era abortion law. Fox News reports:

A 91-year-old Michigan law banning abortion won’t go into effect quite yet.

On Friday, a judge blocked county prosecutors from enforcing an almost century-old law that bans abortion, doesn’t include rape or incest exceptions and would punish anyone who carries out the procedure.

As we’ve written about previously, many states are re-imposing the laws that were on the books about abortion before the Supreme Courts’ Roe v. WadeThis was made legal in 1973. Like other Michigan laws, the 1931 Michigan law protects the mother’s life.

This report goes on:

The state Court of Appeals however issued a preliminary order shortly after the injunction went into effect. This allowed abortions to continue within the state.

The preliminary injunction prohibited most state prosecutors to enforce the law. However, the county prosecutors were allowed to pursue providers of abortion.

On Aug. 1, a state Court of Appeals panel affirmed that county prosecutors were allowed to continue enforcing the ban because they were not under the authority of the state attorney general.

Almost immediately, the state’s progressive Democrat Governor Gretchen Whitmer took to the Twitters to crow about her administration’s, ahem, win for women:

Click On Detroit reports on Whitmer’s jublilant response to the ruling:

In response to the judge’s decision Friday, Whitmer said she is grateful for the ruling which will “protect women” and allow nurses and doctors to “keep caring for their patients without fear of prosecution.”

“The lack of legal clarity about abortion in Michigan has already caused far too much confusion for women who deserve certainty about their health care, and hardworking medical providers who should be able to do their jobs without worrying about being thrown behind bars. One day in a row, abortion was legal during the morning, but illegal at lunchtime and legal by night. We cannot have this kind of whiplash about something as fundamental as a woman’s right to control her own body,” Whitmer wrote, in part, Friday. “Michigan women are understandably scared and angry, and they deserve better than being treated as second class citizens.”

But this isn’t “a final ruling” on the matter:

The judge granted a preliminary injunction Friday morning, but it’s important to note that this is not a final ruling. The 1931 prohibition on abortion is temporarily blocked from county prosecutors. A judge must make the final decision.

Judge Cunningham established Nov. 21 as the date of the pre-trial. This is within the required 6-month period to commence the trial, once the preliminary order has been issued.

However, Michigan’s people might be able to have final say. Click On Detroit reports that the abortion ban could go in effect, once again, if a ballot initiative is approved by The Michigan Board of State Canvassers, later in August, to be placed on November’s ballot.

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