Governor Gretchen Whitmer issued the following statement after Oakland County Circuit Judge Jacob Cunningham entered a preliminary injunction against enforcement of Michigan’s extreme 1931 abortion law, which bans abortion without exception for rape or incest and criminalizes nurses and doctors for doing their jobs.
“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. I am particularly grateful to Attorney General Dana Nessel and her team for their work on behalf of the state.
“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, and hardworking medical providers who should be able to do their jobs without worrying about being thrown behind bars. Once, over the course of a single day, abortion was legal in the morning, illegal around lunch time, and legal in the evening. We cannot have this kind of whiplash about something as fundamental as a woman’s right to control her own body. Michigan women are understandably scared and angry, and they deserve better than being treated as second class citizens.
“While today is welcome news, my team and I will remain vigilant in protecting reproductive freedom. The sad reality is that a number of leaders in the state are actively looking for ways to make sure Michigan’s draconian 1931 law, which bans abortion for all women, doesn’t include exceptions for rape or incest, and criminalizes nurses and doctors who offer reproductive care, is the law of the land. I am proud of my team today, but our work continues.
“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.”
A few weeks ago, the Michigan Court of Appeals cleared a path for county prosecutors to enforce the 1931 law and prosecute doctors and nurses for doing their jobs. The same day, Governor Whitmer fought for and won a temporary restraining order against enforcement of the law in the Oakland County Circuit Court.
The governor’s legal team appeared in Oakland County Circuit Court aiming to get a preliminary injunction, offering longer-lasting legal relief, against the extreme 1931 law banning abortion without exceptions for rape or incest and putting nurses and doctors at risk of prosecution for doing their jobs.
Michigan has a law from 1931 on the books banning abortion without exceptions for rape or incest and allowing doctors and nurses who offer reproductive care to be prosecuted. The Republican majority in the Michigan Legislature has been in court defending the extreme 1931 abortion ban and multiple county prosecutors are prepared to prosecute if they have a legal opening and put nurses and doctors behind bars.
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