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Circuit Court judge grants preliminary injunction, abortion remains legal in Michigan

Posted at 5:13 PM, Aug 19, 2022
and last updated 2022-08-19 17:13:00-04

LANSING, Mich. — After days of hearing testimony, an Oakland County Circuit Court judge ruled to grant another preliminary injunction against Michigan’s 1931 abortion ban. In his ruling, Judge Jacob Cunningham noted the ban on the books is quote “dangerous and chilling” to both women and medical professionals.

“The court grants the preliminary injunction in this case MCR 3.310 A in light of the likelihood of the matter being decided in the upcoming election," said Judge Cunningham.

Cunningham did not mince words in his ruling, saying that the arguments from lawyers pushing to implement the 1931 abortion ban showed bias, so much so that he did not give them weight in his decision.

“Dr. Coleman's testimony is dismissed as not credible in a practical sense, completely called into question during cross examination, nor helpful in assisting the court in weighing the factors for defeating plaintiff's requests for a preliminary injunction. The court affords her testimony no weight," he said.

He also noted an interesting hypothetical - questioning just for example's sake the uproar if a similar issue affected only men.

"The Court Briefly questions for purposes of example only what would the argument surrounding an equal protection liberty, bodily autonomy and bodily integrity argument that would be presented should mandatory vasectomy be at issue today in lieu of child gestation and birth?" Cunningham asked. "What if men were required to be unable by statute and threat of criminality to see children until they could satisfy to their medical professional that they were capable to assist in the raising, supporting, nurturing and education of a child? Imagine the response to that scenario. The decision to have or not to have a child overwhelmingly affects women and not men disproportionately."

Friday’s ruling means that abortion will remain legal in Michigan at least for the next six months or so, which also means that it will remain legal until voters may be able to decide via ballot initiative in the November general election.

This is a hot button issue, and we can expect to see an appeal.

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