Democrat Gretchen Whitmer, the governor of Michigan, filed a lawsuit against the state’s 1931 abortion ban. The Michigan state legislature passed the law.
The Michigan law prohibits abortion at any point in pregnancy, save in circumstances of rape or incest. However, in 1973, the Supreme Court made it unenforceable and established the right to abortion across the country.
There are several similar laws in force around the country that were in place before the Supreme Court declared in Roe v. Wade.
One of those laws might be reinstated if the Supreme Court decides to reverse Roe.
Healthcare in the Hands of Women
There will be nine states with pre-Roe abortion bans and 12 with post-Roe trigger bans when the Supreme Court accepts legal arguments in the Mississippi case.
Whitmer tweeted she was suing to keep abortion legal in Michigan. Due to the Supreme Court’s desire to overturn Roe v Wade, she directs Michigan’s Supreme Court to examine whether abortion is constitutional.
Whitmer sued to overturn the ordinance, naming as defendants the elected prosecutors of 13 counties with abortion facilities.
Today I’m filing a lawsuit to keep abortion legal in Michigan. With SCOTUS’ willingness to overturn Roe v Wade, I'm using my authority as governor to go directly to Michigan's Supreme Court to urge them to decide if abortion is constitutional. It’s bold but necessary. Here's why:
— Governor Gretchen Whitmer (@GovWhitmer) April 7, 2022
In a statement, Whitmer said she would “fight like hell” to guarantee reproductive freedom for all women in Michigan, regardless of what happens to Roe.
“Abortion in almost all situations will be illegal in Michigan if Roe is overturned. Michigan women won’t be able to make important decisions about their own health if this happens,” according to the governor of Michigan.
“Whatever our views on abortion, a woman’s health should come first, not politics,” Whitmer said in a statement.
“A woman should be free to make her own health decisions with the help of a trusted healthcare provider, not a politician.”
Court Hearings
On Thursday, Planned Parenthood of Michigan and abortionist Dr. Sarah Wallett sued over the law.
Wallett said in a release that she joined the litigation because being forced to refuse abortion services and violate her patients’ basic rights would cause them great, irrevocable harm.
The Supreme Court heard arguments late last year in Dobbs v. Jackson Women’s Health Organization, a Mississippi lawsuit challenging a statute banning abortions beyond 15 weeks.
By upholding Mississippi legislation, the court might undermine the precedent set by Planned Parenthood v. Casey and Roe v. Wade.
The Supreme Court might also overturn Roe or strike down the Mississippi statute. If Roe v. Wade is repealed, abortion will be left to the states, rather than made legal nationwide.
No matter what happens to Roe, I am going to fight like hell and use all the tools I have as governor to ensure reproductive freedom is protected. Today in court, I represent all those who deserve the freedom to choose their own future. That’s a fight worth having.
— Governor Gretchen Whitmer (@GovWhitmer) April 7, 2022
Several states have passed pro-life or pro-abortion laws. Colorado Governor Jared Polis (D) signed a bill that formalizes abortion access into law.
Whitmer is also a key figure in an abduction conspiracy. After nearly a month of hearings, the jury is poised to deliberate on an alleged conspiracy to abduct Michigan Governor Gretchen Whitmer.
