County prosecutors can't enforce Michigan abortion ban, Oakland Co. judge rules

[mahatmakanejeeves]

This discussion thread was locked as off-topic by Omaha Steve (a host of the Latest Breaking News forum).

Source: Detroit News

County prosecutors can't enforce Michigan abortion ban, Oakland Co. judge rules

Kara Berg
The Detroit News
Published 11:48 a.m. ET Aug. 19, 2022 * Updated 4:02 p.m. ET Aug. 19, 2022

Pontiac -- An Oakland County judge ruled Friday that county prosecutors cannot enforce the state's 1931 abortion law as courts consider a Gov. Gretchen Whitmer lawsuit seeking to overturn the ban as unconstitutional, a decision that two GOP county prosecutors plan to appeal.

Oakland Circuit Court Judge Jacob Cunningham's preliminary injunction means abortion will likely remain legal in Michigan until Whitmer's case or a lawsuit brought by Planned Parenthood in the Michigan Court of Appeals is fully resolved.

Circuit Court Judge Jacob Cunningham said the harm of allowing prosecutors to criminalize abortions could not be "more real, clear, present and dangerous." The 1931 abortion ban doesn't pass constitutional muster in the state, he said, because weaponizing criminal law against abortion providers goes against due process.

“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 said, adapting the "bodily integrity" phrase used in Court of Claims Judge Elizabeth Gleicher's May preliminary injunction in a Planned Parenthood lawsuit. ... An injunction is "overwhelmingly" in the public interest because it would allow Michigan voters to decide on abortion rights at the ballot box, if a proposal for a constitutional amendment gets approved for the Nov. 8 ballot, the judge said.

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Read more: https://www.detroitnews.com/story/news/local/oakland-county/2022/08/19/abortion-michigan-whitmer-ban-unconstitutional-lawsuit-roe-wade/7836166001/

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Hat tip, Joe.My.God.

Michigan Judge Blocks Enforcement Of Abortion Ban
August 19, 2022

https://www.joemygod.com/2022/08/michigan-judge-blocks-enforcement-of-abortion-ban/

[JustABozoOnThisBus]

1. Surely, appeals will happen.

I hope it doesn't get the the U.S. Extreme Court.

[LiberalFighter]

4. If the Supreme Court decides to rule they would be constradicting their previous ruling.

[DownriverDem]

6. They had until

5 pm to file.

[iluvtennis]

2. Good news - even though not the sticky solution. Thanks for posting. n/t

[ificandream]

3. It's nice to see some pushback on some of these stupid right-wing ideas.

Even if those pushbacks aren't always upheld, it sends the message that we won't stand for this stuff.

[Mr. Evil]

5. You're absolutely right.

I just think the pushbacks need to be a bit more strenuous.

[JohnnyRingo]

7. "....decide on abortion rights at the ballot box."

Hahaha. They've always had to opportunity to put abortion on the ballot, but they knew it would never fly. An issue to end choice would go down like the Titanic.

That's why they went through the courts, so a few old pious men and bitter women could decide for everyone. They even shopped the courts looking for judges that were sympathetic to their cause. It helped that most federal judges are way right of center.

[Omaha Steve]

8. After a review by forum hosts....LOCKING

Dupe of https://www.democraticunderground.com/10142958612

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