Michigan court blocks enforcement of 1931 abortion ban by county prosecutors

A Michigan judge blocked local prosecutors from enforcing a 1931 abortion ban, just hours after an appeals court ruled that they could do so, state Attorney General Dana Nessel said.

But in Kentucky the latest ruling from a judge reinstates two abortion bans for now, while the underlying challenge to the laws is litigated.

Nessel said the temporary restraining order in Michigan by Oakland County Judge Jacob Cunningham halted action under a ruling by an appeals court earlier Monday that had opened the door to such prosecutions.

“This temporary restraining order ensures prosecutors cannot target women or providers in the short-term,” Nessel said in a press release. “Women should feel comfortable to move forward with their planned medical procedures and providers in those counties should feel confident to practice medicine free from the threat of prosecution.”

The Michigan law, one of several state abortion bans enacted before the Roe v. Wade ruling legalized abortion nationwide nearly 50 years ago, makes it a felony to perform an abortion except to save the pregnant woman’s life.

The back-and-forth over whether it can be enforced is the latest example of dueling legal rulings that are whipsawing abortion providers and patients in numerous states with conservative-majority legislatures, as regulation of abortion falls to the states and new and old laws are challenged in the courts.

The state Court of Appeals in Kentucky granted an emergency request by Republican Attorney General Daniel Cameron to reinstate two laws that would prohibit almost all abortions. A lower court had previously blocked the two laws, finding that they likely violated the state’s constitution.

via Reuters