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Judge O.K.’s Michigan Governor Whitmer’s request for temporary injunction against state’s ban on abortion

by | Aug 19, 2022

By Dave Andrusko

Oakland County Judge Jacob Cunningham ruled today that county prosecutors cannot enforce the state’s 1931 abortion ban, a victory for pro-abortion Gov. Gretchen Whitmer. The 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,” Kara Berg of The Detroit News reported.

Judge Cunningham said “the harm of allowing prosecutors to criminalize abortions could not be ‘more real, clear, present and dangerous,’” Berg wrote.

“This is the ultimate example of maintaining the status quo,” Judge Cunningham said. “There is precisely zero harm to the defendants by granting a preliminary injunction.” Except for the babies that will die.

If it secures enough valid signatures, The Reproductive Freedom for All  constitutional amendment will be on the November 8 ballot. Judge Cunningham cites this as another reason an injunction is “overwhelmingly” in the public interest. The Detroit News’ description demonstrates this would be abortion on demand:

The Reproductive Freedom for All ballot committee’s ballot initiative would add language to the Michigan Constitution allowing for abortion up to fetal viability, which usually is considered to be around 24 weeks but is defined in the language as when a child can survive outside the womb without “extraordinary medical measures.” The language includes a carveout that would allow abortions after fetal viability to protect the physical or mental health.

Citizens to support MI Women & Children spells it out even more clearly:

The Reproductive Freedom for All proposed constitutional amendment is not about reproductive freedom, which already exists. Planned Parenthood and the ACLU’s amendment would radically distort Michigan’s Constitution to create a new unlimited right to abortion, which would spill over and affect many other issues.

This poorly-worded amendment would repeal dozens of state laws, including our state’s ban on tax-funded abortions, the partial-birth abortion ban, and fundamentally alter the parent-child relationship by preventing parents from having input on their children’s health.

Gov. Whitmer “has argued Michigan’s constitution offers a right to abortion that nullifies the 1931 ban, which has laid largely dormant since the Roe v. Wade ruling in 1973,” Berg wrote. “She filed in lawsuit in April to stop 13 county prosecutors from enforcing the law on abortion providers within their counties. “

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