Judge Prosecutors Can T Enforce Michigan S Abortion Ban

The ruling comes after the state Court of Appeals said earlier this month that county prosecutors were not covered by a May order and could enforce the ban after the U.S. Supreme Court overturned Roe v. Wade. “The harm to the bodies of women and people who can become pregnant because of the failure to issue the injunction could not be more real, clear, present and dangerous to the court,” Oakland County Judge Jacob Cunningham said in a ruling. during his ruling on Friday. David Kalman, an attorney representing two Republican county attorneys, said an appeal is planned. “The judge ignored all the clear legal errors and problems in this case, it seems to me, simply because the issue is abortion,” Kalman told The Associated Press after the hearing. Cunningham had filed a restraining order against county prosecutors hours after the appeals court’s Aug. 1 decision and at the request of lawyers representing Democratic Gov. Gretchen Whitmer. While the majority of district attorneys in counties where abortion clinics are located have said they will not enforce the ban, Republican district attorneys in Kent, Jackson and Macomb counties said they should be able to enforce the 1931 law. Cunningham heard arguments Wednesday and Thursday in Pontiac before issuing the preliminary injunction, which is expected to keep abortion legal statewide until the Michigan Supreme Court or voters decide in the fall. In his ruling, Cunningham found all three of the state’s witnesses “extremely credible,” while dismissing the testimony of defense witnesses as “unhelpful and prejudicial.” The 1931 Michigan law, enacted after the US Supreme Court overturned Roe v. Wade, bans abortion in all but the life of the mother. The dormant ban was prevented from taking effect in May when Judge Elizabeth Gleicher issued a preliminary injunction. The state Court of Appeals later said the preliminary injunction applied only to the attorney general’s office, meaning the providers could be charged with a felony by some county prosecutors. While Kallman said during closing arguments Thursday that issuing a preliminary injunction is not the way to change the laws, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to impose the 1931 ban would cause confusion. “I’m relieved that everyone in this state knows that it doesn’t matter what county you live in now, it’s not you as a provider that’s going to be prosecuted,” Oakland County District Attorney Karen McDonald said after the ruling. A ballot initiative seeking to enshrine abortion rights in the state constitution collected 753,759 signatures in July and is expected to ultimately decide abortion access status in Michigan. The amendment awaits final approval on the November ballot by the state Board of Canvassers. “This court finds that it is overwhelmingly in the public interest to let the people of the great state of Michigan decide this matter at the ballot box,” Cunningham said Friday. Michigan’s abortion status is expected to heavily influence November’s general election in the battleground state, where Whitmer and Attorney General Dana Nessel, also a Democrat, have made abortion rights a centerpiece of their re-election campaigns. “In addition to this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice,” Nessel said in a statement issued after Friday’s decision.

Joey Cappelletti is a member of the Associated Press/Report for America Statehouse News Initiative corps. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on undercover issues.

title: “Judge Prosecutors Can T Enforce Michigan S Abortion Ban Klmat” ShowToc: true date: “2022-12-07” author: “Ronald Montoya”

The ruling comes after the state Court of Appeals said earlier this month that county prosecutors were not covered by a May order and could enforce the ban after the U.S. Supreme Court overturned Roe v. Wade. “The harm to the bodies of women and people who can become pregnant because of the failure to issue the injunction could not be more real, clear, present and dangerous to the court,” Oakland County Judge Jacob Cunningham said in a ruling. during his ruling on Friday. David Kalman, an attorney representing two Republican county attorneys, said an appeal is planned. “The judge ignored all the clear legal errors and problems in this case, it seems to me, simply because the issue is abortion,” Kalman told The Associated Press after the hearing. Cunningham had filed a restraining order against county prosecutors hours after the appeals court’s Aug. 1 decision and at the request of lawyers representing Democratic Gov. Gretchen Whitmer. While the majority of district attorneys in counties where abortion clinics are located have said they will not enforce the ban, Republican district attorneys in Kent, Jackson and Macomb counties said they should be able to enforce the 1931 law. Cunningham heard arguments Wednesday and Thursday in Pontiac before issuing the preliminary injunction, which is expected to keep abortion legal statewide until the Michigan Supreme Court or voters decide in the fall. In his ruling, Cunningham found all three of the state’s witnesses “extremely credible,” while dismissing the testimony of defense witnesses as “unhelpful and prejudicial.” The 1931 Michigan law, enacted after the US Supreme Court overturned Roe v. Wade, bans abortion in all but the life of the mother. The dormant ban was prevented from taking effect in May when Judge Elizabeth Gleicher issued a preliminary injunction. The state Court of Appeals later said the preliminary injunction applied only to the attorney general’s office, meaning the providers could be charged with a felony by some county prosecutors. While Kallman said during closing arguments Thursday that issuing a preliminary injunction is not the way to change the laws, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to impose the 1931 ban would cause confusion. “I’m relieved that everyone in this state knows that it doesn’t matter what county you live in now, it’s not you as a provider that’s going to be prosecuted,” Oakland County District Attorney Karen McDonald said after the ruling. A ballot initiative seeking to enshrine abortion rights in the state constitution collected 753,759 signatures in July and is expected to ultimately decide abortion access status in Michigan. The amendment awaits final approval on the November ballot by the state Board of Canvassers. “This court finds that it is overwhelmingly in the public interest to let the people of the great state of Michigan decide this matter at the ballot box,” Cunningham said Friday. Michigan’s abortion status is expected to heavily influence November’s general election in the battleground state, where Whitmer and Attorney General Dana Nessel, also a Democrat, have made abortion rights a centerpiece of their re-election campaigns. “In addition to this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice,” Nessel said in a statement issued after Friday’s decision.

Joey Cappelletti is a member of the Associated Press/Report for America Statehouse News Initiative corps. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on undercover issues.

title: “Judge Prosecutors Can T Enforce Michigan S Abortion Ban Klmat” ShowToc: true date: “2022-10-31” author: “Edna Roberts”

The ruling comes after the state Court of Appeals said earlier this month that county prosecutors were not covered by a May order and could enforce the ban after the U.S. Supreme Court overturned Roe v. Wade. “The harm to the bodies of women and people who can become pregnant because of the failure to issue the injunction could not be more real, clear, present and dangerous to the court,” Oakland County Judge Jacob Cunningham said in a ruling. during his ruling on Friday. David Kalman, an attorney representing two Republican county attorneys, said an appeal is planned. “The judge ignored all the clear legal errors and problems in this case, it seems to me, simply because the issue is abortion,” Kalman told The Associated Press after the hearing. Cunningham had filed a restraining order against county prosecutors hours after the appeals court’s Aug. 1 decision and at the request of lawyers representing Democratic Gov. Gretchen Whitmer. While the majority of district attorneys in counties where abortion clinics are located have said they will not enforce the ban, Republican district attorneys in Kent, Jackson and Macomb counties said they should be able to enforce the 1931 law. Cunningham heard arguments Wednesday and Thursday in Pontiac before issuing the preliminary injunction, which is expected to keep abortion legal statewide until the Michigan Supreme Court or voters decide in the fall. In his ruling, Cunningham found all three of the state’s witnesses “extremely credible,” while dismissing the testimony of defense witnesses as “unhelpful and prejudicial.” The 1931 Michigan law, enacted after the US Supreme Court overturned Roe v. Wade, bans abortion in all but the life of the mother. The dormant ban was prevented from taking effect in May when Judge Elizabeth Gleicher issued a preliminary injunction. The state Court of Appeals later said the preliminary injunction applied only to the attorney general’s office, meaning the providers could be charged with a felony by some county prosecutors. While Kallman said during closing arguments Thursday that issuing a preliminary injunction is not the way to change the laws, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to impose the 1931 ban would cause confusion. “I’m relieved that everyone in this state knows that it doesn’t matter what county you live in now, it’s not you as a provider that’s going to be prosecuted,” Oakland County District Attorney Karen McDonald said after the ruling. A ballot initiative seeking to enshrine abortion rights in the state constitution collected 753,759 signatures in July and is expected to ultimately decide abortion access status in Michigan. The amendment awaits final approval on the November ballot by the state Board of Canvassers. “This court finds that it is overwhelmingly in the public interest to let the people of the great state of Michigan decide this matter at the ballot box,” Cunningham said Friday. Michigan’s abortion status is expected to heavily influence November’s general election in the battleground state, where Whitmer and Attorney General Dana Nessel, also a Democrat, have made abortion rights a centerpiece of their re-election campaigns. “In addition to this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice,” Nessel said in a statement issued after Friday’s decision.

Joey Cappelletti is a member of the Associated Press/Report for America Statehouse News Initiative corps. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on undercover issues.

title: “Judge Prosecutors Can T Enforce Michigan S Abortion Ban Klmat” ShowToc: true date: “2022-11-18” author: “Kathie Hedin”

The ruling comes after the state Court of Appeals said earlier this month that county prosecutors were not covered by a May order and could enforce the ban after the U.S. Supreme Court overturned Roe v. Wade. “The harm to the bodies of women and people who can become pregnant because of the failure to issue the injunction could not be more real, clear, present and dangerous to the court,” Oakland County Judge Jacob Cunningham said in a ruling. during his ruling on Friday. David Kalman, an attorney representing two Republican county attorneys, said an appeal is planned. “The judge ignored all the clear legal errors and problems in this case, it seems to me, simply because the issue is abortion,” Kalman told The Associated Press after the hearing. Cunningham had filed a restraining order against county prosecutors hours after the appeals court’s Aug. 1 decision and at the request of lawyers representing Democratic Gov. Gretchen Whitmer. While the majority of district attorneys in counties where abortion clinics are located have said they will not enforce the ban, Republican district attorneys in Kent, Jackson and Macomb counties said they should be able to enforce the 1931 law. Cunningham heard arguments Wednesday and Thursday in Pontiac before issuing the preliminary injunction, which is expected to keep abortion legal statewide until the Michigan Supreme Court or voters decide in the fall. In his ruling, Cunningham found all three of the state’s witnesses “extremely credible,” while dismissing the testimony of defense witnesses as “unhelpful and prejudicial.” The 1931 Michigan law, enacted after the US Supreme Court overturned Roe v. Wade, bans abortion in all but the life of the mother. The dormant ban was prevented from taking effect in May when Judge Elizabeth Gleicher issued a preliminary injunction. The state Court of Appeals later said the preliminary injunction applied only to the attorney general’s office, meaning the providers could be charged with a felony by some county prosecutors. While Kallman said during closing arguments Thursday that issuing a preliminary injunction is not the way to change the laws, attorneys representing Whitmer argued that allowing county prosecutors to decide whether to impose the 1931 ban would cause confusion. “I’m relieved that everyone in this state knows that it doesn’t matter what county you live in now, it’s not you as a provider that’s going to be prosecuted,” Oakland County District Attorney Karen McDonald said after the ruling. A ballot initiative seeking to enshrine abortion rights in the state constitution collected 753,759 signatures in July and is expected to ultimately decide abortion access status in Michigan. The amendment awaits final approval on the November ballot by the state Board of Canvassers. “This court finds that it is overwhelmingly in the public interest to let the people of the great state of Michigan decide this matter at the ballot box,” Cunningham said Friday. Michigan’s abortion status is expected to heavily influence November’s general election in the battleground state, where Whitmer and Attorney General Dana Nessel, also a Democrat, have made abortion rights a centerpiece of their re-election campaigns. “In addition to this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice,” Nessel said in a statement issued after Friday’s decision.

Joey Cappelletti is a member of the Associated Press/Report for America Statehouse News Initiative corps. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on undercover issues.