Judge Grants Preliminary Injunction to Bar Enforcement of Michigan Abortion Law

A circuit court judge has entered a preliminary injunction against enforcement of the Michigan law (MCL 750.14) that bans abortion except to save the life of the mother.

The Aug. 19 action by Oakland County Circuit Judge Jacob Cunningham was in response to a request by Michigan’s Governor Gretchen Whitmer, a Democrat, to enjoin 13 county prosecutors who have abortion clinics in their jurisdictions from prosecuting doctors who perform an abortion in violation of the statute.

In a statement issued within hours of the court’s decision, Whitmer said, “Back in April, I filed a lawsuit and asked the Michigan Supreme Court to determine if abortion is constitutionally protected in Michigan.

“While we wait for the Supreme Court to rule, I will continue using every tool in my toolbox to fight like hell for women and health care providers.

Attorney David Kallman (Courtesy of Kallman Legal Group)

“The lack of legal clarity about abortion in Michigan has already caused far too much confusion for women who deserve certainty about their health care.”

Whitmer also said that the preliminary injunction would ease the worry of abortionists “about being thrown in jail” for violating the abortion law.

Under MCL 750.14, the patient cannot be prosecuted, but the performing doctor could receive up to four years in prison.

Attorney David Kallman, who represents two of the county prosecutors Whitmer sued, said in an Aug. 20 statement, “The trial judge ignored the legal issues raised, including the fact that the governor requested an injunction on the basis of a non-existent constitutional right.

“The judge refused to obey higher court precedent that previously ruled on this issue.”

Kallman was referring to a 1997 ruling by the Michigan Court of Appeals in Mahaffey v. Attorney General, which held, “we cannot contend that the intent of the people

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