Michigan judge says county prosecutors cannot enforce abortion ban

A 91-year-old Michigan law banning abortion won’t go into effect quite yet.

On Friday, a judge blocked county prosecutors from enforcing an almost century-old law that bans abortion, doesn’t include rape or incest exceptions and would punish anyone who carries out the procedure.

MICHIGAN COUNTY PROSECUTORS CAN ENFORCE STATE’S ABORTION BAN, STATE COURT RULES

Planned Parenthood of Michigan and a doctor in the state filed a suit in May arguing the law is unconstitutional. 

The abortion ban went into effect when the Supreme Court overruled Roe v. Wade earlier this year. However, the state Court of Appeals issued a preliminary injunction shortly after it went into effect, allowing abortion to continue in the state. 

While the preliminary injunction prevented most state prosecutors from enforcing the law, county prosecutors were still allowed to go after abortion providers. 

On Aug. 1, a state Court of Appeals panel affirmed that county prosecutors were allowed to continue enforcing the ban because they were not under the authority of the state attorney general.

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Friday’s ruling overturned the Aug. 1 victory for anti-abortion groups and leaves no prosecutors with the authority to enforce the abortion ban. 

Democratic Gov. Gretchen Whitmer pressed for an order to keep county prosecutors from being allowed to enforce the law.

Although county prosecutors plan to appeal Friday’s ruling, it is expected that abortion will be banned throughout the state until voters cast their ballots on a constitutional amendment that would enshrine abortion rights in the state.

The initiative to put that measure on the ballot garnered more than 753,000 signatures in July and could appear on November ballots, pending approval from the state’s Board of Canvassers.