(WWJ) A judge has granted Governor Whitmer’s temporary emergency restraining order on Michigan’s 1931 ban on abortion.
“I am grateful for this relief, however temporary because it will help ensure that Michigan’s doctors, nurses and health care systems can continue caring for their patients," Whitmer wrote in a statement.
Oakland County Judge Jacob Cunningham granted the restraining order after Governor Whitmer filed it on an emergency basis, within hours of the Appeals Court ruling Monday that county prosecutors would be allowed to prosecute abortion cases as felonies under Michigan’s 1931 ban on abortion.
“The legal fight in Michigan continues, and this temporary restraining order ensures prosecutors cannot target women or providers in the short-term,” Attorney General Dana Nessel said in a statement, “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…”
Whitmer’s office issued a press release earlier Monday after the Appeals Court made its ruling; she called the 1931 law "dangerous" and “extreme” as it “criminalizes abortion without exceptions for rape or incest and punishes doctors and nurses who offer reproductive health care.”
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You can view the motion for a temporary restraining order here.
“We cannot risk further confusion for women, health care providers, and all Michiganders. As today’s unexpected action proves, the overturn of Roe v Wade in June has left reproductive freedom hanging by a thread in Michigan,” she said in a release. “I have taken a number of unprecedented steps to protect the 2.2 million women in Michigan who would lose the right to control their own bodies. I will keep fighting like hell to protect women and health care providers.”
Since early April, Whitmer has taken a number of actions in response to the Supreme Court overturning the 1973 landmark decision Roe Vs. Wade, which ruled nearly 50 years ago that a woman's right to a lawsuit was constitutionally protected. She filed a lawsuit against the Michigan Supreme Court to “immediately resolve” whether Michigan’s constitution protected abortion access, joining with 16 other states to pass the Women’s Health Protection Act, which included absorbing the protections of Roe Vs. Wade into federal law; and penning a number of op-eds to major newspapers and publications.
This month, she called on President Biden to make birth control available over the counter without a prescription; signed an executive order that refused to extradite women or doctors who came to Michigan “seeking reproductive freedom,” and called on the FDA to cut back on barriers to accessing medication abortion (see a full list of her actions below).
A court hearing contesting the restraining order will be held on Wednesday.
“From the Governor’s Office:
Governor Whitmer’s Actions to Protect Reproductive Freedom
· April 7: Filed a lawsuit to ask the Michigan Supreme Court to immediately resolve whether Michigan’s constitution protects the right to an abortion.
· April 7: Penned an op-ed in the Detroit Free Press explaining her action and highlighting that 7 in 10 Michiganders support the rights affirmed by Roe.
· May 3: Joined 16 other states to urge the United States Senate to pass the Women’s Health Protection Act and enshrine Roe’s protections in federal law.
· May 9: Penned an op-ed in the New York Times explaining why she isn’t waiting for Congress to act and urging fellow pro-choice governors, state representatives, private businesses, and citizens to take action to protect reproductive rights.
· May 25: Signed an executive directive instructing state of Michigan departments and agencies to identify and assess opportunities to increase protections for reproductive healthcare, such as contraception. The executive directive also instructs departments not to cooperate with or assist authorities of any state in any investigation or proceeding against anyone for obtaining, providing, or assisting someone else to obtain or provide reproductive healthcare that is legal where the health care is provided.
· June 23: Launched a new consumer website to educate Michiganders about the availability of no-cost contraception with most insurance plans.
· June 24: On the day of the Dobbs decision, filed a motion urging the Court to immediately consider her lawsuit.
· June 27: Followed up with an additional notice to the Court urging them to immediately consider her lawsuit.
· June 29: Sent a letter to Michigan’s insurers urging them to take steps to ensure Michiganders have coverage for reproductive health care to the fullest extent possible under current coverage.
· July 6: Joined with the Michigan Department of Health and Human Services to launch a public effort to educate Michiganders and health care providers about the difference between emergency contraception and medication abortion. The public effort will disseminate information about the differences between medication abortion and emergency contraception to all local health departments throughout Michigan, healthcare providers throughout the state, and the public.
· July 7: Called on the federal government to clarify and protect Michiganders’ right to cross the US-Canada border to seek reproductive health care or prescription medication including medication abortion.
· July 11: Urged President Biden to make birth control available over the counter without a prescription.
· July 13: Signed an executive order refusing to extradite women or health care providers who come to Michigan seeking reproductive freedom.
· July 22: Called on FDA to reduce barriers to medication abortion.”