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Michigan’s 91-year-old law banning abortion is still not enforced.
On Friday, a judge blocked county prosecutors from enforcing a nearly 100-year-old law that bans abortion, doesn’t include exceptions for rape or incest, and punishes those who perform the procedure.
Michigan County prosecutors can enforce state abortion bans, state court rules
Planned Parenthood of Michigan and a state doctor filed a lawsuit in May, claiming the law was unconstitutional.
The abortion ban went into effect earlier this year when the Supreme Court dismissed the Roe v. Wade case. However, a state appeals court issued a preliminary injunction shortly after it took effect, allowing abortions to continue in the state.
The preliminary injunction prevented most state prosecutors from enforcing the law, but county prosecutors were still allowed to pursue abortion providers.
State Court of Appeal Panel, Aug. 1 county attorney confirmed Since they were not under the authority of the state attorney general, they were allowed to continue enforcing the ban.
Abortion overtakes inflation as most important issue for voters in Michigan gubernatorial election: new poll
Friday’s ruling reversed the August 1 victory of the anti-abortion group and left no prosecutor with the power to enforce the abortion ban.
Democratic Gov. Gretchen Whitmer has sought an order to prevent county prosecutors from being allowed to enforce the law.
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County prosecutors plan to appeal Friday’s ruling, but expect a statewide abortion ban until voters vote on a constitutional amendment that provides for abortion rights within the state.
An initiative to put that bill to the ballot garnered more than 753,000 signatures in July, pending approval from the state’s Election and Balloting Commission, which could be reflected in November’s ballot.