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 which includes the 1931 ban. While the measure does not criminally charge a woman seeking or receiving an abortion, it is a crime for a doctor to perform the operation.
Anastase Markou is an attorney with Levine & Levine. He says prosecutors do have discretion to not pursue certain cases.
“Prosecutors offices routinely and regularly choose not to enforce old and outdated laws," he said.
“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.”
In a news release, Becker does reference two court filings challenging the statute and says those decisions will guide his actions.
Governor Gretchen Whitmer is asking the Michigan Supreme Court hear a case regarding the 1931 law now.