Posted on Aug 20, 2022
Judge issues injunction to block enforcement of Michigan abortion ban
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An Oakland County judge has issued an injunction that continues to block enforcement of Michigan’s 1931 law that bans abortions in most cases.
The ruling converts a temporary restraining order into a slightly more durable preliminary injunction that allows abortion care to continue in the state while legal challenges and a ballot campaign play out.
Judge Jacob Cunningham said the 1931 law appears to violate rights to due process.
And he said Governor Gretchen Whitmer is likely to prevail in her claim that abortion rights in Michigan are protected under the state constitution.
Cunningham also noted an abortion rights proposal could appear on the November ballot and said the public should be given the chance to decide the question. The campaign behind that proposal submitted more than 750,000 signatures to get the proposed measure on the ballot. Just over 425,000 valid signatures are required.
The ruling converts a temporary restraining order into a slightly more durable preliminary injunction that allows abortion care to continue in the state while legal challenges and a ballot campaign play out.
Judge Jacob Cunningham said the 1931 law appears to violate rights to due process.
And he said Governor Gretchen Whitmer is likely to prevail in her claim that abortion rights in Michigan are protected under the state constitution.
Cunningham also noted an abortion rights proposal could appear on the November ballot and said the public should be given the chance to decide the question. The campaign behind that proposal submitted more than 750,000 signatures to get the proposed measure on the ballot. Just over 425,000 valid signatures are required.
Judge issues injunction to block enforcement of Michigan abortion ban
Posted from michiganradio.org
Abortion
Medical
Health
Posted >1 y ago
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PO1 William "Chip" Nagel thanks for sharing, this is one interesting debate for sure Brother William.
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PO1 William "Chip" Nagel
..."Whitmer said her legal team is still waiting for a response to its request to the state Supreme Court to rule on the constitutionality of abortion care.
A statement from Attorney General Dana Nessel echoed Whitmer: “Abortion is critical healthcare. Uncertainty around the law has a chilling effect on the conduct of doctors and therefore limits access to care for Michigan women," Nessel said.
"Maintaining access to reproductive healthcare is absolutely necessary for the health and well-being of women and it is our duty to ensure that access for the roughly two million women of reproductive age who call Michigan home," said the attorney general.
"Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice. There is no doubt that the statute criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise and oath," Nessel said."
..."Whitmer said her legal team is still waiting for a response to its request to the state Supreme Court to rule on the constitutionality of abortion care.
A statement from Attorney General Dana Nessel echoed Whitmer: “Abortion is critical healthcare. Uncertainty around the law has a chilling effect on the conduct of doctors and therefore limits access to care for Michigan women," Nessel said.
"Maintaining access to reproductive healthcare is absolutely necessary for the health and well-being of women and it is our duty to ensure that access for the roughly two million women of reproductive age who call Michigan home," said the attorney general.
"Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice. There is no doubt that the statute criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise and oath," Nessel said."
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