Jacob Cunningham made a key decision to issue an indefinite ban on criminalizing abortions in key Michigan counties,
According the Detroit Free Press his decision was based on a number of overlapping arguments. The most important was Cunningham also repeatedly referenced a possible change to the Michigan Constitution that will likely appear on ballots later this fall. He said while the Michigan Supreme Court may rule on the constitutionality of abortion at any time, voters may ultimately approve a proposed amendment that would expressly include the right to an abortion in the state Constitution.
He also stated “As currently applied, the court finds (the abortion law) is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” and “The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”
