(WXYZ) — On Wednesday, a hearing began to determine the next steps in Michigan's battle over abortion rights. It will continue Thursday.
On August 1, a temporary restraining order was put in place stopping county prosecutors from criminalizing abortion under Michigan's 1931 ban.
Oakland County Judge Jacob Cunningham will determine if that order remains in place. He has continued it until he rules in this case.
The state appeals court said a previous decision to suspend the law applies to the Attorney General's office, but not county prosecutors.
Most county prosecutors in Michigan have said they don’t plan on enforcing the 1931 law which was invalidated by Roe v. Wade but now hangs in the balance.
However, prosecutors in Kent and Jackson counties say they can’t rule it out.
The attorney for those prosecutors spoke with 7 Action News earlier this month after a judge ruled in the state’s favor.
"There is no right to an abortion under Michigan's constitution so to grant a TRO to stop enforcement of a law based on the current existing status of the law is an interesting outcome,” the attorney said.
That attorney, David Kallman is among those arguing in this hearing.
The state is seeking to keep this restraining order in place until the State Supreme Court determines if that 1931 ban is legal.
Michigan’s Chief Medical Executive Dr. Natasha Bagdasarian testified during Wednesday's hearing, as did Dr. Lisa Harris with Michigan Medicine. One more plaintiff's witness will testify Thursday, followed by three defense witnesses.
The hearing will continue Thursday at 9:30 a.m.
