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Michigan county prosecutors can enforce state's abortion ban, state court rules

By Stephen Sorace

Published August 01, 2022

Fox News
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Michigan’s 91-year-old abortion ban can now be enforced after a state Court of Appeals panel ruled Monday that a state judge’s injunction blocking the ban does not apply to county prosecutors.

The state’s 83 county prosecutors can now bring felony charges against health providers who 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.

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."

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

Pro-choice protesters

In this Friday, June 24, 2022, file photo, abortion rights protesters cheer at a rally following the United States Supreme Court's decision to overturn Roe v. Wade, federally protected right to abortion, outside the state capitol in Lansing, Mich. (AP Photo/Paul Sancya, File)

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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.

The Associated Press contributed to this report.

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