As of right now, there is an injunction in place preventing that law from going into effect.
The question is whether that injunction remains in place before the voters have their say on the issue. And yes, there is a fight over whether that should also be on the ballot.
“The court is continuing its restraining order through a hearing on a preliminary injunction,” said Judge Jacob Cunningham.
Cunningham has so far granted Michigan Governor Gretchen Whitmer’s request for an injunction, preventing that 1931 law that criminalizes abortion from going into effect after the Michigan Court of Appeals ruled county prosecutors can enforce it.
Wednesday’s hearing will determine the next steps.
Don’t be surprised if you have dueling protests in front of the courthouse tomorrow, either.
All the legal maneuvering is, at this point, interim until the secretary of state’s office determines whether an abortion ballot proposal asking you, the voter, to weigh in on the issue makes the ballot in November.
Groups including the ACLU and Planned Parenthood gathered more than 700,000 signatures to put it on the ballot.
Anti-abortion groups are challenging what appears to be a text formula error as spaces are missing between words on the state’s website, which can be seen in the video player above.
“We are confident that we’re in compliance with all legal requirements for ballot proposals. In fact, hundreds of thousands of Michiganders have spoken: More than 730,000 registered voters - a record number - have read, understood, and signed the petition in support of reproductive freedom for all.”Communication Director Darci McConnell of the Reproductive Freedom for All campaign
If approved, the ballot proposal asks voters whether they will approve language that makes reproductive freedom a fundamental right but would allow the state to regulate abortion after fetal viability.
The caveat is that the state could not prohibit an abortion after fetal viability if a doctor says it’s medically indicated.
The state board of canvassers is scheduled to meet on Aug. 31. That is when we expect the board of canvassers to decide whether the abortion ballot proposal will be on the ballot in November.