Oakland County Circuit Court Judge Jacob Cunningham ruled yesterday to grand a preliminary injunction that prevents enforcement of Michigan’s 1931 abortion law. This means that emergency physicians can continue to practice medicine as they’ve been trained without fear of criminal penalties until the constitutionality of the 1931 law is decided either by trial verdict or by a ballot measure in November.
“As currently applied, the court finds that [the 1931 abortion law] is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” Cunningham said. Dr. Diana Nordlund, MCEP President, was one of the three witnesses who offered testimony on the state’s behalf. She spoke specifically to the threat that the 1931 statute poses to physicians and other care-team providers who provide life-saving EMTALA-mandated care to all patients, including those patients who present with pregnancy-related conditions. During his ruling, Judge Cunningham highly credited Dr. Nordlund’s testimony for having the appropriate intersection of both medical and legal knowledge in this area. The court ruling can be heard here.
The College will continue to provide guidance on this topic to our membership, fully focused on preserving the tenets of emergency medicine and protecting our physicians and team providers, and safeguarding the health and safety of our patients.