Whitmer Sues To Protect Abortion Rights, Challenges 1931 State Law

MICHIGAN — Gov. Gretchen Whitmer filed a lawsuit Thursday, using her executive authority to immediately ask the Michigan State Supreme Court to recognize abortion rights under the state's constitution, according to the governor's office.

Whitmer's lawsuit asks the court to strike down the state's 1931 ban on abortion, which has remained relatively dormant since the landmark 1973 passage of Roe v. Wade, which constitutionally protected abortion rights.

If the U.S. Supreme Court overrules or weakens the Roe v. Wade decision, Michigan's 1931 law would go into effect, reinstating a 176-year-old abortion ban under the state's constitution.

"If Roe is overturned, abortion could become illegal in Michigan in nearly any circumstance—including in cases of rape and incest— and deprive Michigan women of the ability to make critical health care decisions for themselves," Whitmer said. "This is no longer theoretical: it is reality. That’s why I am filing a lawsuit and using my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion."

Whitmer's lawsuit, which was filed in Oakland County against prosecutors in 13 counties with an abortion clinic, claims the state's abortion ban violates Michigan’s due process clause, which provides a right to privacy and bodily autonomy, the governor's office said.

Although the U.S. Supreme Court determined a right to abortion in 1973, Michigan's state supreme court has not concurred that decision. Moreover, the Michigan Court of Appeals ruled in 1997 there is no state constitutional right to abortion. The governor's office cited that decision a reason why the state's Supreme Court should step in immediately.

The Associated Press contributed to this report.