LANSING, Mich. (WXYZ) — Michigan Attorney General Dana Nessel released a statement Monday to provide clarity on an injunction that is temporarily blocking prosecution against abortion care in the state following the U.S. Supreme Court’s overturn of Roe v. Wade.
On May 17, a judge issued a preliminary injunction in Planned Parenthood of Michigan v. Attorney General of the State of Michigan. The injunction protects Michigan care providers from prosecution of a 1931 law banning abortion. It was a procedural move against the agency that would have the power to prosecute. Nessel has previously said she would not enforce the abortion ban if Roe is overturned but that would stop the enforcement of the law in the State of Michigan.
“As it currently stands, providing abortion care in Michigan cannot be prosecuted, and I encourage those with appointments to move forward as scheduled and consult with their doctors,” Nessel said in a statement. “Despite the Supreme Court’s ruling last week, I remain committed to ensuring a woman’s right to choose and will continue to fight against every attempt to limit access to care. This includes ensuring Michiganders are properly informed regarding the current state court battle that is far from over.”
Judge Elizabeth Gleicher determined that plaintiffs in the case would likely succeed in their claims about women’s rights and that the plaintiffs and their patients "face a serious danger of irreparable harm if prevented from accessing abortion services.”
The case is moving forward and Gleicher will make a final decision on if the statute is unconstitutional. It’s unclear at this time when that decision will be made.
Gov. Gretchen Whitmer is urging the Michigan Supreme Court to immediately consider the lawsuit to avoid further confusion of the state’s legal status on abortion.
