sunny.png
Sunday September 25th, 2022 7:56AM

Michigan court: County prosecutors can enforce abortion ban

By The Associated Press
Related Articles
  Contact Editor

LANSING, Mich. (AP) — Abortion could become illegal in parts of Michigan after a state Court of Appeals panel ruled Monday that a state judge’s injunction blocking the enforcement of a pre-Roe ban does not apply to county prosecutors.

The 91-year-old abortion ban, which had been blocked in May from taking immediate effect, makes it a crime for physicians to perform abortions unless the life of the mother is in danger.

The new ruling will have the largest impact on the 13 prosecutors in the state that have abortion clinics in their county. Seven of those prosecutors — all Democrats — have previously said they will not enforce the 1931 law.

Republican prosecutors in Kent and Jackson counties, however, plan to enforce the 1931 abortion ban, meaning that abortion providers could get charged with a felony.

“If a report is presented to this office, we will review it like we do any other report of possible criminal behavior,” Kent County Prosecutor Christopher Becker said in a statement Monday. “We will make the decision to charge, or not to charge, based on the facts presented in the report and the applicable Michigan law.”

Becker, who had previously said in June he would ignore the injunction and enforce the 1931 law, said no reports have been brought to his office to this point. Kent County includes Grand Rapids, the state's second largest city.

Jackson County Prosecutor Jerard Jarzynka didn’t immediately respond to a request for comment.

The three-judge panel’s ruling came after Becker, Jarzynka and several anti-abortion groups requested the Court of Appeals overturn a lower courts injunction on the 1931 ban. The court's ruling Monday said that Becker and Jarzynka don’t have standing because the injunction “does not apply to county prosecutors.”

Total or near total abortion bans are already in effect in the nearby states of Indiana, Ohio and Wisconsin, with bans expected in roughly half the states.

Michigan's Democratic Attorney General Dana Nessel, who has previously said she will not defend the 1931 law, said in a statement Monday that the “legal battle continues on multiple fronts,” and that the ruling is not the “final say on this issue in Michigan."

Planned Parenthood of Michigan said in a statement following the ruling that it will continue providing abortions and is evaluating legal options.

Earlier this month, abortion rights activists submitted signatures to bring a constitutional amendment before Michigan voters in November that would affirm the right to make pregnancy-related decisions without interference, including about abortion and reproductive services such as birth control. If the amendment passes, it would supersede the 1931 law.

___

Joey Cappelletti is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, Top U.S. News short headlines, AP Health
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Michigan court: County prosecutors can enforce abortion ban
The Michigan Court of Appeals has ruled that county prosecutors can enforce the state's 91-year-old abortion ban, paving the way for abortion to become illegal in parts of the state
1:31PM ( 4 minutes ago )
Griner's trail resumes amid intensified diplomacy
Since Brittney Griner last appeared in her trial for cannabis possession, the question of her fate expanded from a tiny and cramped courtroom on Moscow’s outskirts to the highest level of Russia-US diplomacy
1:21PM ( 15 minutes ago )
AP sources: Browns QB Deshaun Watson suspended for 6 games
Cleveland Browns quarterback Deshaun Watson was suspended for six games for violating the NFL’s personal conduct policy following accusations of sexual misconduct made against him by two dozen women in Texas during massage treatments
1:06PM ( 30 minutes ago )
Associated Press (AP)
UK court says hospital can end comatose boy's life support
A British court has refused to block a hospital from ending life-support treatment for a 12-year-old boy who has suffered catastrophic brain damage
12:11PM ( 1 hour ago )
UK court holds last-minute hearing in life support battle
A British court is holding an emergency hearing to determine whether a hospital can end life-support treatment for a 12-year-old boy who has suffered catastrophic brain damage
6:17AM ( 7 hours ago )
Doctor: Biden tests positive for COVID for 2nd day in a row
President Joe Biden has tested positive for COVID-19 for the second straight day, in what appears to be a rare case of “rebound” following treatment with an anti-viral drug
3:18PM ( 22 hours ago )
AP Health
Griner's trail resumes amid intensified diplomacy
Since Brittney Griner last appeared in her trial for cannabis possession, the question of her fate expanded from a tiny and cramped courtroom on Moscow’s outskirts to the highest level of Russia-US diplomacy
1:21PM ( 15 minutes ago )
AP sources: Browns QB Deshaun Watson suspended for 6 games
Cleveland Browns quarterback Deshaun Watson was suspended for six games for violating the NFL’s personal conduct policy following accusations of sexual misconduct made against him by two dozen women in Texas during massage treatments
1:06PM ( 30 minutes ago )
Veteran Adrianza returns to Braves in trade with Nationals
The Atlanta Braves have re-acquired infielder Ehire Adrianza from the Washington Nationals in exchange for a minor league outfielder
1:01PM ( 34 minutes ago )
EXPLAINER: Watson discipline didn't require legal charges
Deshaun Watson and the Cleveland Browns found out the severity of the quarterback's punishment when he was suspended for six games for violating the NFL's personal conduct policy
12:39PM ( 56 minutes ago )
New this week: 'The Sandman,' 'My Life as a Rolling Stone'
This week’s new entertainment releases include new music from Calvin Harris and a host of his musical friends, the four-part docuseries “My Life as a Rolling Stone” which takes an individual approach to each iconic band member, and Ron Howard tackles the riveting story of the 2018 rescue of a boys’ soccer team from inside a watery cave in the film “Thirteen Lives.”
12:37PM ( 58 minutes ago )