OAKLAND COUNTY, Mich. (WLNS) — A judge has issued a preliminary injunction blocking Michigan’s 1931 abortion law indefinitely.

Oakland County Circuit Court Judge Jacob Cunningham read his opinion in court Friday morning.

He referred to the “extremely credible” testimony from the witnesses that were brought by the prosecutors.

Meanwhile, the judge said that a witness for the defense had “credibility issues.”

In addition, the judge said that there is only one group who would be harmed by the 1931 law, and that is women. 

He also added that the danger to the plaintiffs could not be more crystal clear. 

Ultimately, Cunningham ruled in favor of abortion-rights activists.

Michigan Governor Gretchen Whitmer released a statement celebrating her big court win.

“I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution. I am particularly grateful to Attorney General Dana Nessel and her team for their work on behalf of the state. 

“The lack of legal clarity about abortion in Michigan has already caused far too much confusion for women who deserve certainty about their health care, and hardworking medical providers who should be able to do their jobs without worrying about being thrown behind bars. Once, over the course of a single day, abortion was legal in the morning, illegal around lunch time, and legal in the evening. We cannot have this kind of whiplash about something as fundamental as a woman’s right to control her own body. Michigan women are understandably scared and angry, and they deserve better than being treated as second class citizens.  

“While today is welcome news, my team and I will remain vigilant in protecting reproductive freedom. The sad reality is that a number of leaders in the state are actively looking for ways to make sure Michigan’s draconian 1931 law, which bans abortion for all women, doesn’t include exceptions for rape or incest, and criminalizes nurses and doctors who offer reproductive care, is the law of the land. I am proud of my team today, but our work continues.  

“Back in April, I filed a lawsuit and asked the Michigan Supreme Court to determine if abortion is constitutionally protected in Michigan. While we wait for the Supreme Court to rule, I will continue using every tool in my toolbox to fight like hell for women and health care providers.” 

Gov. Gretchen Whitmer

Attorney General Dana Nessel, who has been a major player on this subject the last several months, also reacted to the news Friday.

“Abortion is critical healthcare.  Uncertainty around the law has a chilling effect on the conduct of doctors and therefore limits access to care for Michigan women.  Maintaining access to reproductive healthcare is absolutely necessary for the health and well-being of women and it is our duty to ensure that access for the roughly two million women of reproductive age who call Michigan home. 

Absent this preliminary injunction, physicians face a very real threat of prosecution depending on where they practice.  There is no doubt that the statue criminalizing abortion is in direct conflict with the ability of the medical community to provide the standard of care consistent with their education, training, expertise and oath.   

Women do not need to be protected from themselves by denying them the ability to make personal medical decisions consistent with their own moral, cultural, religious and ethical beliefs.  Restricting access to reproductive healthcare jeopardizes the ability of physicians to deliver appropriate care and it denies women the right to decide the most intimate issues regarding their health, their bodies and their lives.”

Attorney General Dana Nessel

The entire process in Michigan since Roe v. Wade was overturned has been incredibly complicated. Both Planned Parenthood of Michigan and Governor Gretchen Whitmer filed lawsuits against the state’s 1931 law prior to the Supreme Court even making its decision.

Back in May, the Michigan Court of Claims ordered the attorney general and anyone she supervises to not enforce the 1931 abortion ban. However, Kent County Prosecutor Chris Becker and Jackson County Prosecutor Jerard Jarzynka said they were not supervised by the attorney general’s office.

On Aug. 1, the Michigan Court of Appeals agreed.

Gov. Whitmer’s attorney’s immediately filed for a temporary restraining order, which a judge granted.

On Friday, Cunningham decided between two options that will likely be in place until the state court makes a final decision on the matter.

Those choices were either issuing a preliminary injunction to stop individual county prosecutors from going after abortion cases, or scrapping the temporary restraining order all together.

If he were to decide on the latter, county prosecutors could have filed charges related to abortions until the state court ruled on the ban.

We will be livestreaming the press conference at 10:30 a.m. at the top of this page and covering this story throughout the day.