The constitutionality of Michigan's 1931 law outlawing abortion will ultimately be decided by the Michigan Supreme Court.
In May, the Michigan Court of Claims sided with Planned Parenthood of Michigan and Dr. Sarah Wallett granting a preliminary injunction blocking the enforcement of Michigan's 1931 law outlawing abortion.
In reference to that law, Kent County Prosecutor Chris Becker issued a statement Monday that he will enforce laws that are on the books. That includes the 1931 law. While it does not criminally charge a woman seeking or receiving an abortion, it is a crime for a doctor to perform the operation.
"Prosecutors' offices routinely and regularly choose not to enforce old and outdated laws." Anastase Markou is an attorney with Levine and Levine.
In a news release, Becker does reference two court filings challenging the statute and says those decisions will guide his actions.
"Because there is a restraining order in place, and the restraining order specifically references the officials the Attorney General supervises, it's a real risk for any prosecutor to charge anybody under that statute with that restraining order in existence."
Governor Gretchen Whitmer is asking the Michigan Supreme Court to hear the case now.