8/2/22 - Michigan Abortion Rules Confusing

Appeals were filed in Michigan on Monday, concerning the state's ban on abortion and if prosecutors can enforce a 1931 law.

LANSING, Mich. — A judge blocked enforcement of a 1931 Michigan ban on abortion Monday, just hours after the State Court of Appeals said county prosecutors were not covered by a May order and could enforce the prohibition following the fall of Roe v. Wade.

In May, the Michigan Court of Claims ordered the state attorney general and anyone she supervises, not to enforce the abortion ban. Kent County Prosecutor Chris Becker and Jackson County's Prosecutor argued that they were not supervised by the attorney General's office and that the injunction did not cover them. 

On Monday, the Michigan Court of Appeals ruled that county prosecutors can enforce the state's 1931 abortion ban, which criminalizes abortion providers in cases where the month's life was not in danger.

However, in response, Governor Whitmer filed a restraining order, that was then granted by a judge just hours later, that would keep the ban from being enforced for now.

Governor Whitmer's request for the temporary restraining order says the abortion ban is unconstitutional.  Others say the law is not unconstitutional and the court system went behind their backs to grant this request. 

There will be a hearing Wednesday on whether the temporary restraining order will become a preliminary injunction. 

The orders have led to the confusion about what is and isn't allowed under the law.