Whitmer urges Michigan Supreme Court to consider legal action on 1931 abortion law after Roe’s overturning
LANSING – Michigan Governor Gretchen Whitmer filed a motion urging the state Supreme Court to review her lawsuit challenging the 1931 abortion law following the US Supreme Court’s decision to cancel Roe v. Wade.
On Friday, the United States Supreme Court voted to overturn Roe v. Wade’s 1973 that legalized abortion nationwide, relinquishing control of abortion regulation to individual state governments.
Michigan’s 1931 Abortion Ban, which is an updated version of a law that dates back to the 1840s, states that all abortions are criminal and can only be performed if necessary to “preserve » the life of the mother. The law makes no exception for rape or incest.
In anticipation of Roe’s overturning, Planned Parenthood of Michigan and the American Civil Liberties Union jointly filed a lawsuit in April seeking an immediate court order restraining Michigan Attorney General Dana Nessel from “applying unconstitutional ban against abortion providers”. The lawsuit argues that Michigan’s 1931 abortion ban “violates the rights to liberty, bodily integrity, equal protection, and privacy under the Michigan Constitution and the state civil rights laws, and that the law is unconstitutionally vague”.
In May, a Michigan Court of Claims judge ruled in favor of PP and the ACLU, granting the groups’ motion and restraining the acting state attorney general — and “all local officials acting under ( their) supervision” — to enforce Michigan’s abortion ban. if Roe is knocked down.
Thus, since Friday, June 24, Michigan’s 1931 law prohibiting abortions is temporarily blocked and cannot be applied. Abortion remains legal and available to individuals throughout the state.
Michigan Governor Gretchen Whitmer filed a lawsuit in April claiming the 1931 law is unconstitutional. She asked that the case be taken directly to the state Supreme Court and have it strike down the 1931 law entirely, but the state high court has yet to say whether it will hear the case.
On Friday, following the SCOTUS ruling, Whitmer filed a motion urging the court to immediately review his lawsuit.
“Today I filed a motion urging the court to immediately initiate my legal action to protect abortion in Michigan. We must clarify that under Michigan law, access to abortion is not only legal, but constitutionally protected. The urgency of the moment is clear: the Michigan court must act now,” said Governor Gretchen Whitmer. “With today’s decision of the United States Supreme Court In the United States, Michigan’s extreme 1931 law banning abortion without exception for rape or incest and criminalizing doctors and nurses who provide reproductive care is about to go into effect. , it will punish women and deprive them of their right to make decisions about their own bodies.That’s why I filed a lawsuit in April and used my executive authority to urge the Michigan Supreme Court to determine immediate ment whether the Michigan state constitution protects the right to abortion. I will fight like hell to protect the rights of Michigan women.
After: Supreme Court Overturns Roe v. Wade: What It Means for Michigan Abortion Access
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