OAKLAND COUNTY (WWJ) - An Oakland County judge has ordered a preliminary injunction on Friday morning, barring prosecutors from enforcing the 1931 Michigan abortion ban.
In a landmark decision, Judge Jacob Cunningham read the ruling in court just after 11:30 a.m., effectively pausing the enforcement of the state's almost century-old law.
Cunningham said the damage of allowing county prosectors to criminalize abortions is "clear, present and dangerous."
"A person carrying a child has the right to bodily autonomy and integrity as well as a safe doctor-patient relationship, free from government interference, as they have been able to do so for nearly 50 years," Cunningham read in court. "Weaponizing the criminal law against providers to force pregnancy on our state woman is simply contrary to notions of due process, equal protection and bodily autonomy in this court's eyes.
Abortion will more than likely remain legal in the state until the Michigan Supreme Court rules on Gov. Gretchen Whitmer's lawsuit, or the Michigan Court of Appeals decides on the suit brought on by Planned Parenthood.
Officials for the state successfully argued their side during two days of intense testimony while multiple county prosecutors argued against the request made by Gov. Gretchen Whitmer earlier this summer in the wake of the Supreme Court overturning Roe v. Wade.
WWJ Legal Analyst Charlie Langton was present during the court proceedings, which he said contained "wild arguments" from both sides of the issue.
During closing arguments for the state on Thursday afternoon, Chief Deputy of the attorney general's office Christina Grossi called the 1931 law "one of the most draconian abortion laws in the country."
Meanwhile, attorney David Kallman -- representing two county prosecutors arguing against Whitmer's request -- said he "understands the argument that they believe that this is gonna cause problems and it's harming women's health options and all those sorts of things."
"That's not the issue before the court," Kallman said. "It's irreparable harm to the governor. Where are these doctors who are performing abortions? They're not parties. Where's a pregnant mother coming in and saying 'I can't get an abortion?' No such party."
Under the 1931 Michigan law, performing an abortion in the state would be considered a felony. The law reads as follows:
“Administering drugs, etc., with intent to procure miscarriage — Any person who shall willfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.”
Read the 1931 law in its entirety HERE.
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