LANSING, Mich. (WLNS) – Opponents of Michigan’s 1931 abortion ban wanted Judge Jacob Cunningham in Oakland County to issue a preliminary injunction preventing the ban from taking effect until the legal process plays out.

According to 6 News media partner MLive, Judge Cunningham only issued an extension for the current restraining order in the case, Giving him more time to decide on whether to issue an injunction.

The 1931 ban could not be enforced after 1973 when the Roe v Wade decision took effect.

However, it was never repealed and could take effect now that Roe has been overturned. Governor Gretchen Whitmer is leading the legal challenge to that ban, claiming that the Michigan constitution protects abortion access.

“Today, Governor Whitmer continues to fight to protect the right to safe, legal abortion in Michigan and ensure that nurses and doctors can do their jobs without fear of prosecution. Recent court rulings at various levels have proven that the legal status of abortion in Michigan remains precarious, and the governor’s priority is ensuring that medical decisions are left between a woman and her doctor. Back in April, Governor Whitmer filed this lawsuit and asked the Michigan Supreme Court to determine if access to abortion is constitutionally protected in Michigan. While we wait for that court determine when to rule, the governor will continue using every tool in her toolbox to protect women and health care providers.” 

Governor Gretchen Whitmer’s Communications Officer Kaylie Hanson.