As Republicans push their efforts to strip Americans of their Constitutional freedoms, county prosecutors in Michigan are seeking to enforce a 1931 abortion ban in the state, which criminalizes all abortion, the exception being the endangerment of the mother. But a judge in Oakland county, Michigan, has ruled that the law cannot be enforced.
In May, a draft outlining the decision to overturn Roe v Wade was allegedly leaked. It was written by conservative justice Samuel Alito.
“We hold that Roe and Casey must be overturned. The Constitution makes no reference to abortion, and no such right is implicitly protected by any Constitutional provision, including the one on which the defenders of Roe v Casey now chiefly rely – the Due Process clause of the fourteenth amendment…
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, have inflamed debate and deepened division.
“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion and the limitations upon it are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey 501U.S. at 979.
The 1973 decision was promptly overturned, and several red states began restricting and/or banning abortion outright.
“As currently applied, the court finds ( the abortion law ) is chilling and dangerous to our state’s population of child-bearing people and the medical professionals who care for them,” judge Jacob Cunningham said on his Friday decision. “The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”
Before issuing the preliminary injunction, Cunningham had listened to state’s witnesses, and finding them credible, while dismissing defense witnesses as biased and unhelpful.
“The judge ignored all of the clear legal errors and problems in this case, it appears to me, simply because the issue is abortion, ” David Kallman, an attorney representing Republican county prosecutors, told the press.
During the hearing, Cunningham ripped the prosecution for failing to focus their attention on other issues. “The court suggests county prosecutors should focus attention and resources to investigation and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty and other violent and horrific crimes that we see in our society. “
“The ultimate expression of political power in this country comes not from the branches of our government and those that serve as public officials in them, but from the people. The citizens, who vote and participate in our fare and free electoral process. This court finds it is overwhelmingly in the public’s interest to let the people of the great state of Michigan decide this matter at the ballot box.”
“I can’t say that I’m surprised,” Kallman said following the ruling. “It’s a sad day for the rule of law.”
State governor Gretchen Whitmer – whose office filed a lawsuit earlier this year with the Supreme Court – said via statement:
“I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution. I am particularly grateful to Attorney General Dana Nessel and her team for their work on behalf of the state…
“While today is welcome news, my team and I will remain vigilant in protecting reproductive freedom. The sad reality is that a number of state leaders are actively looking for ways to make sure Michigan’s draconian 1931 law which bans abortion for all women, doesn’t include exceptions for rape or incest, and criminalizes nurses and doctors who offer reproductive care, is the law of the land. I am proud of my team today, but our work continues.”
In her closing statement Thursday, Chief Deputy AG Christina Grossi said, “Women are upset because our bodies are regulated, and politicized in ways that men’s bodies are never politicized or regulated. And women are upset and angry because some people suggest that our rights are subject to popular vote, while a man’s rights are bestowed upon him at birth. Some women are upset and angry because they have done this all before, and they’re upset and angry because they realize that their daughters have to do it again.”.
Republican legislatures believe it is the right of the few to determine what is Constitutional and what is not. In other words, it is their right to take away your rights if it’s something they don’t like, and they will not stop with abortion.
Sources: Detroit Free Press, Politico, Michigan.gov.