Oakland County judge blocks county prosecutors from enforcing abortion ban

lansing — Oakland County Circuit Judge James Cunningham issued a temporary restraining order Monday stopping 13 county prosecutors with abortion providers within their jurisdictions from enforcing the state’s abortion ban.

The order was issued in response to a request from Gov. Gretchen Whitmer after the Court of Appeals ruled earlier Monday that county prosecutors were not blocked from enforcing the state’s long-dormant abortion ban by a preliminary injunction issued in the Court of Claims.

In his order, Cunningham said the order was “necessary to prevent the immediate and irreparable injury that will occur if defendants are allowed to prosecute abortion providers under (the 1931 law) without a full resolution of the merits of the pending cases challenging the statute. “

The judge scheduled a Zoom hearing on the matter for Wednesday.

Cunningham’s order came shortly after Whitmer made the request in her lawsuit against 13 county prosecutors with abortion clinics in their counties.

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