A circuit court judge has entered a preliminary injunction against enforcement of the Michigan law (MCL 750.14) that bans abortion except to save the life of the mother.
The Aug. 19 action by Oakland County Circuit Judge Jacob Cunningham was in response to a request by Michigan’s Governor Gretchen Whitmer, a Democrat, to enjoin 13 county prosecutors who have abortion clinics in their jurisdictions from prosecuting doctors who perform an abortion in violation of the statute.
In a statement issued within hours of the court’s decision, Whitmer said, “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.
“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.”
Whitmer also said that the preliminary injunction would ease the worry of abortionists “about being thrown in jail” for violating the abortion law.
Under MCL 750.14, the patient cannot be prosecuted, but the performing doctor could receive up to four years in prison.
Attorney David Kallman, who represents two of the county prosecutors Whitmer sued, said in an Aug. 20 statement, “The trial judge ignored the legal issues raised, including the fact that the governor requested an injunction on the basis of a non-existent constitutional right.
“The judge refused to obey higher court precedent that previously ruled on this issue.”
Kallman was referring to a 1997 ruling by the Michigan Court of Appeals in Mahaffey v. Attorney General, which held, “we cannot contend that the intent of the people that adopted the 1963 constitution was to establish a constitutional right to abortion …
“An examination of Michigan Supreme Court precedent also leads to the conclusion that there is no right to abortion under the Michigan Constitution.”
Until the appeals court ruling is overturned by the Michigan Supreme Court, it is supposed to serve as the guiding principle for cases in all jurisdictions.
Kallman stated that if Whitmer’s lawsuit prevails, “the floodgates will be opened to all future governors being able to void any law with which that governor disagrees.
“She is abusing our system of justice and our representative form of government by bringing baseless, political lawsuits to impose her policy preferences through one sympathetic judge.”
In her statement, Whitmer said she was grateful for the ruling and that she was “particularly grateful to Attorney General Dana Nessel and her team for their work on behalf of the state.”
In a statement issued on the day the preliminary injunction was ordered, Nessel, a Democrat, said, “There is no doubt that the statute criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise, and oath.
“Abortion is critical healthcare. Uncertainty around the law has a chilling effect on the conduct of doctors and therefore limits access to care for Michigan women … it is our duty to ensure that access for the roughly 2 million [Michigan] women of reproductive age.”
Nessel said women need to be able to “make personal medical decisions consistent with their own moral, cultural, religious, and ethical beliefs.”
Kallman stated that his concern is for the 30,000 Michigan babies aborted every year, whose voices have been silenced forever.
In Whitmer’s statement, she calls MCL 750.14 an “extreme law,” because it “bans abortion without exception for rape or incest.”
Kallman responded to Whitmer’s characterization of the existing statute in an Aug. 23 phone interview with The Epoch Times, saying, “That is a common ploy used by abortion advocates to make themselves appear reasonable, even though they, like Whitmer, support abortion on demand—abortion at any time in the pregnancy for any reason—right up to the time of birth.
“Whitmer’s position on abortion is extreme.
“If Whitmer’s position of unrestricted abortion were to become law in our state, Michigan would become the most extreme abortion haven in America.”
Kallman told The Epoch Times that the defense has already begun the appeals process.
In the meantime, the prosecutors of Michigan’s other 70 counties are able to prosecute an abortionist in their jurisdictions under the statute, he said.
