Lansing Sun

Gov. Gretchen Whitmer (D-MI) requested a temporary restraining order as she fights for reproductive health care and abortion rights.  

The Oakland County Sixth Circuit Court on Monday approved Whitmer's request regarding a decision from the Michigan Court of Appeals, according to a press release from the governor's office on Monday. The decision would have allowed county prosecutors to imprison medical personnel for performing abortions.

A law passed in 1931 that prohibits abortion is still on the books in Michigan, a press release from Wednesday noted. This law bans abortion "without exceptions for rape or incest and allow[s] doctors and nurses who offer reproductive care to be prosecuted."

"Earlier, a decision from the Michigan Court of Appeals cleared a path for county prosecutors to use Michigan’s extreme 1931 abortion ban to prosecute doctors and nurses and jail them for doing their jobs," Whitmer said in Monday's press release. "I immediately filed for a temporary restraining order, and I am proud that the Oakland Circuit Court has approved my request.

"This lack of legal clarity — that took place within the span of a workday — is yet another textbook example of why the Michigan Supreme Court must take up my lawsuit against the 1931 extreme abortion ban as soon as possible. Michigan's doctors, nurses, and health care systems cannot afford to wait any longer. I will keep fighting like hell to protect women and health care providers.”

The Republican-backed state legislature went to court to uphold the 1931 abortion ban, according to Wednesday's press release. Numerous county prosecutors are ready to utilize the law that could lead to nurses and doctors behind bars.

Medical professionals in the area can safely continue to do their jobs due to the governor's actions, Monday's press release noted. Whitmer's successful request for a temporary restraining order "builds on her ongoing efforts to protect abortion in Michigan after the U.S. Supreme Court’s decision in Dobbs v. Jackson overturn[ed] a 49-year precedent set by Roe v. Wade."

"I am grateful for this relief — however temporary — because it will help ensure that Michigan's doctors, nurses, and health care systems can continue caring for their patients," Whitmer said on Monday.

The governor also spoke out on Twitter on Thursday.

"Last night, I voiced my support in court to keep abortion safe and legal in Michigan," she said. "The extreme 1931 criminal abortion ban is dangerous. For the sake of Michiganders' rights and health, the statewide injunction must remain in place until the Michigan Supreme Court can rule."