Abortion Still Legal in Michigan Following Back and Forth Court Orders

Folks on both sides of the abortion conversation were put through the ringer Monday as the abortion rights saga continues.

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

However, that was just the beginning of Monday’s events. In response, Governor Gretchen Whitmer filed a restraining order, that was granted by a judge just hours later, to keep the ban from being enforced for now.

Former Michigan Republican lawmaker, Triston Cole, says Governor Whitmer is continuing the “political lies” surrounding Michigan’s abortion law. Cole was in the Michigan House serving the 105th district from 2014-2020. He’s currently running for the state Senate’s 37th District.

“The attempt by the Governor to reissue the Attorney General’s Office, to assert control over local prosecutors was shot down today and that’s a good thing for local control,” Cole stated.

The Court’s announcement came as a shock to many in the pro-choice crowd. Planned Parenthood of Michigan announced they would continue to stay open and weigh their legal options.

Chair of the Grand Traverse County Democrats, Chris Cracchiolo, calls the court’s decision disappointing.

“With Roe v. Wade being overturned recently. I think it’s been on the fore front of many peoples minds. Not just women, I mean, it’s about human rights,” Cracchiolo said.Abortion 2

Hours after Governor Whitmer announced her filing of a restraining order, an Oakland County judge granted her request, pushing the pendulum back in her favor. Cole says the Governor is purposefully adding to the confusion about what is and isn’t allowed under the law.

“Some of these lawsuits that are filed are just smoke and mirrors and delay tactics to what actually is law. Because there is a lot of misinformation out there,” Cole said. “So, clarity is key here and that’s what is going to play out in the next days, weeks and months.”

Although it’s unclear how long the restraining order will stay in place, Charlevoix County Prosecutor, Allen Telgenhof, said in a statement no matter what the law, he will do his job.

“My personal belief is that, if people do not like the law banning abortion, they should vote to change it,” Telgenhof wrote. “It is not an option to simply ignore it, or for prosecutors to refuse to enforce it.”