Michigan’s Local Prosecutors Enforce a 1931 Abortion Ban

On Monday, after a request from Democratic Governor Gretchen Whitmer, Judge Jacob Cunningham issued a three-page order which temporarily halted an abortion ban just hours after the Michigan Court of Appeals panel ruled to criminalize abortion in the state.

The Michigan Court of Appeals’ new ruling is a massive victory for pro-lifers because local officials can prosecute doctors and nurses for up to felony manslaughter for administering abortions under the 1931 Michigan Penal Code, Act 328. The only exception to this law is if the mother’s life is in danger.

Unfortunately, the Michigan court has temporarily blocked this new order for 21 days. The block ends on August 22, 2022, when the law will begin to be enforced. Despite the slight delay, people still see it as a significant win.

Michigan followed other states supporting legalized abortion. Even though many of their constituents were opposed to the idea.

Rebecca Kiessling, a pro-life speaker and attorney, was thrilled to see her home state finally criminalize abortion after fighting for it for so long. The attorney took to Twitter to celebrate the new order.

Kiessling tweeted, “MI Court of Appeals says county prosecutors can enforce 1931 Michigan abortion ban! Several are ready.”

Many people are unhappy about the temporary block that Whitmer requested, and rightfully so. It is hard to argue against that, especially after reading what David Kallman, Chris Beckers’s attorney, had to say about it;

“So this judge took a non-existent constitutional right. And then rule that they were entitled to a temporary restraining order to bar a prosecutor from following the law. It is outrageous what they did here.”

Kallman hit the nail on the head here, and his thought process is sound. Basically, Judge Cunningham reached outside his judicial responsibilities and inhibited Michigan’s prosecutors from following the 1931 law. As a result, the 1931 abortion ban will re-activate in a few short weeks.

The “Right to Life” fight in Michigan keeps going with both sides fueling the fire. Planned Parenthood’s CEO Paula Greear declared, “I want to make one thing abundantly clear: Abortion is still safe and legal in Michigan today.”