Judge Extends Preliminary Injunction to Block Enforcement of 1931 Law
Update: Aug 8-19, 2022
After two days of oral arguments, reproductive rights advocates won a temporary victory on August 19 when Oakland County Circuit Court Judge Jacob Cunningham extended a preliminary injunction on the 1931 law that essentially bans abortion in Michigan.
The preliminary hearing in Whitmer v. Linderman et al. was called by Judge Cunningham after a Court of Appeals (COA) decision in early August that rendered the existing injunction on the 1931 ban only applicable to state law enforcement, not local prosecutors. Quickly following the COA decision, Judge Cunningham granted Governor Whitmer’s request for a temporary restraining order on county prosecutors and called for another hearing on August 17 to review the injunction.
The decision on August 19 reinstates the injunction until after the November 8 election when voters will potentially have the opportunity to vote on a ballot proposal that will enshrine some level of abortion rights in the state Constitution. The court set a pre-trial conference for 9:30 a.m. on November 21.
At this time, any further legal action regarding the constitutionality of abortion would stem from the Michigan Supreme Court; however, it remains unclear as to whether the court will choose to act before the election.
Following the ruling, Governor Whitmer issued a statement saying, “I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution…” Right to Life of Michigan took to social media to say: “Governor Whitmer is bringing this case because they have never had the votes to change Michigan’s abortion law and doubt they will have the votes in November to add abortion into our constitution. She doesn’t really believe in democracy.”