County prosecutors can enforce Michigan's 1931 abortion ban, court rules

Roe v Wade news headline with gavel on a copy of the United States Constitution
Photo credit Getty Images

(WWJ) -- A new court ruling has effectively reinstated a 91-year-old Michigan abortion ban.

A three-judge Michigan Court Appeals panel handed down the ruling on Monday, which states that county prosecutors can enforce Michigan's 1931 abortion ban, bringing criminal charges against individuals who seek an abortion.

However, there is an exception in the 1931 law, where abortion is allowed when it's needed to save the mother's life.

An injunction put the law on hold. But the appeals court says it only applies to "state actors," not county prosecutors.

Despite this ruling, several county prosecutors -- including Wayne County Prosecutor Kym Worthy, Oakland County Prosecutor Karen McDonald and Washtenaw County Prosecutor Eli Savit -- say they will not enforce the abortion ban.

On Monday, Michigan Attorney General Dana Nessel issued the following statement:

“Today’s ruling will not deter my efforts to continue to fight for Michigan women. The legal battle continues on multiple fronts and those of us who value access to reproductive healthcare and respect a women’s right to make the best decisions for herself, according to her own moral, cultural and religious beliefs are not backing down. While I respect the ruling from the court, it is by no means the final say on this issue in Michigan.”

A ballot drive is expected to put the question of abortion rights before Michigan voters in November.

Featured Image Photo Credit: Getty Images