Here’s the latest news out of Michigan:
Michigan Gov. Gretchen Whitmer filed a motion with the state's Supreme Court Friday, asking it to "decide if Michigan's state constitution protects the right to abortion." The move comes after the U.S. Supreme Court's decision to overturn Roe v. Wade meant that an old state law banning abortion could soon take effect.
Michigan enacted a law in 1931 that criminalized abortion, without exceptions for rape or incest. But the passage of Roe v. Wade in 1973 superseded Michigan's ban, which made abortions legal in the state.
However, Michigan is one of nine U.S. states with laws on the books predating Roe, which could allow the state to swiftly outlaw abortion in most cases following the Supreme Court's decision.
Several states have already enacted legislation protecting the right to an abortion. But passing such a law in Michigan is more difficult because its legislature is majority-Republican and opposes abortion rights. It favors reinstating the 1931 law.
For the time being, however, the 1931 abortion ban is not going into effect. In May, Planned Parenthood filed a lawsuit, claiming that law was unconstitutional. A state judge granted a preliminary injunction, temporarily blocking the the old law from being implemented. Michigan Right to Life and the Michigan Catholic Conference have asked a state court of appeals to vacate the injunction. The GOP-led legislature also filed a brief that also called for the injunction to be lifted and said it would defend the old law in court.
Some more context:
The filing by Whitmer would have all briefing in her case completed in July.
Michigan's 1931 abortion ban currently is blocked from enforcement by a preliminary injunction issued in a separate case filed by Planned Parenthood of Michigan, also seeking to overturn the 1931 law.
Whitmer filed suit in April in Oakland County Circuit Court against 13 county prosecutors tasked with enforcing the law in their counties. Like Planned Parenthood, Whitmer asked the judge to find a constitutional right to abortion that trumps the state abortion ban.
Whitmer also sent an executive message to the state Supreme Court, asking the high court to take the case immediately instead of allowing the issue to work its way through the lower courts.
The high court asked for supplemental briefings but has not officially said whether it would take up the case.
Whitmer in her Friday filing urged the Supreme Court to end the uncertainty in Michigan around the law.
"So long as this uncertainty persists, it will work to deny Michiganders their rights under the Michigan Constitution and have profound and irreversible consequences on Michiganders’ lives," Whitmer wrote in the filing. "This court is the only forum with the power to fully resolve that uncertainty and conclusively settle whether Michigan’s criminal abortion ban, MCL 750.14, violates the Michigan Constitution."
Democrats have a 4-3 majority on the Michigan Supreme Court. Click here to submit your proposal for comment to the Michigan Supreme Court.
The Michigan Primary is August 2nd. Click here to register to vote.
Democracy and Health are on the ballot this year and we need to get ready to make sure to keep Michigan Blue. Click below to donate and get involved with Whitmer and her fellow Michigan Democrats campaigns: