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Ruling expected Friday over restraining order preventing abortion prosecutions

Courtroom One Gavel by Joe Gratz is marked under CC0 1.0. To view the terms, visit

In a surprise move, a Michigan judge is extending a hearing to determine the legality of abortion in the state into a third day.

Attorney David Kallman is representing the defense: two county prosecutors who want to enforce the 1931 abortion ban.

In his closing argument, Kallman argued a temporary restraining order blocking enforcement of the ban is illegal.

"And here's the choice that's being taken away: it's the choice or the right of all the people of the state of Michigan, to weigh in and vote or go through their representatives," Kallman said. "And do it through the proper legislative and elective process to change a law. That is the way our system works."

Governor Gretchen Whitmer's legal team argued the restraining order should be extended, to keep abortion legal at least while the case proceeds through the courts.

Oakland County Circuit Court Judge Jacob Cunningham said today he'll issue a ruling tomorrow, on the morning of Friday, August 19.