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Where does Michigan's abortion ban stand after 2 court rulings on Monday

Posted at 5:39 AM, Aug 02, 2022
and last updated 2022-08-02 05:39:09-04

(WXYZ) — A temporary restraining order was issued by an Oakland County Judge yesterday to block Michigan prosecutors from enforcing the state's 1931 abortion ban.

It came just hours after the Michigan Court of Appeals said county prosecutors could go after abortion clinics as they are not state officials.

Gov. Gretchen Whitmer's legal team filed the motion to prevent abortion from being criminalized for the time being.

After being granted the restraining order, Whitmer's legal team may have bagged a win, but Attorney Todd Flood said the motion faces several more rounds ahead.

"There is going to be some interesting court battles, whether or not the governor is able to win and her case and make it so a permanent injunction on this, and that's going to take the (Michigan) Supreme Court someday," he said.

There will be a hearing on the restraining order this Wednesday at Oakland County Circuit Court. The losing side will likely move the case to the court of appeals, and based on the ruling there, the losing side will then take it to the Michigan Supreme Court.

"This will be a battle, because it's so political there is so much fervor on both sides on this issue. And whoever loses is going to keep taking it up to the highest court of Michigan," Flood said.

He also said if the governor's team continues to win at all the courts, the 1931 abortion ban will not come into effect in Michigan, but if at any stage the other side wins, then county prosecutors will be given the power to go after abortion clinics.

For county prosecutors to even build a case against abortion clinics, they will need to have probable cause, Flood said, and until they don't have probable cause, no judge will issue a search warrant.