Oakland County judge blocks enforcement of abortion ban in Michigan

‘This is out of step with the average Michigander who supports Michigan women being able to make this decision even if it’s one they wouldn’t make themselves’

An Oakland County judge blocked prosecutors from enforcing the state’s 1931 Abortion Ban. That ruling came just hours after a court of appeals ruled the ban could be enforced.

FERNDALE, Mich. – An Oakland County judge blocked prosecutors from enforcing the state’s 1931 Abortion Ban.

That ruling came just hours after a court of appeals ruled the ban could be enforced.

“It’s creating a lot of chaos and confusion and fear for women for providers,” said Michigan Governor Gretchen Whitmer.

That chaos and confusion Whitmer described only deepened Monday (Aug. 1) as the day started with the court of appeals ruling to allow local county prosecutors to prosecute abortions throughout the state criminally.

With no exception to the rule, the Court of Appeals allowed Michigan’s 1931 statute to go into effect.

“Depending on who your prosecutor is right now defines whether you got a right that’s been afforded to Michigan for 49 years and that is a scary, unstable way to proceed with fundamental health care for women,” Whitmer said.

Many prosecutors, including Michigan Attorney General Dana Nessel, said they would not enforce the ban, but it doesn’t seem like it will come to that.

Late Monday afternoon, Whitmer filed for a temporary restraining order against the court of appeals ruling in the Oakland County Circuit Court.

Judge Jacob Cunningham granted that restraining order which will allow Michigan women and their providers continued rights to abortion care while the order is pending in court.

“This is out of step with the average Michigander who supports Michigan women being able to make this decision even if it’s one they wouldn’t make themselves,” Whitmer said.

Nessel released a statement saying the legal fight continues in court and, in the short term, that women and their providers cannot be targeted.

Planned Parenthood, on its website, acknowledges that fight, saying the developments can be alarming and confusing, but that abortion is still legal in the state of Michigan.


About the Authors:

Pamela Osborne is thrilled to be back home at the station she grew up watching! You can watch her on Local 4 News Sundays and weeknights. Pamela joined the WDIV News Team in February 2022, after working at stations in Ohio and Pennsylvania.

Brandon Carr is a digital content producer for ClickOnDetroit and has been with WDIV Local 4 since November 2021. Brandon is the 2015 Solomon Kinloch Humanitarian award recipient for Community Service.