Whitmer Urges Court To Take Up Abortion Lawsuit, Asks For Clarity

MICHIGAN — Gov. Gretchen Whitmer sent the Michigan Court of Appeals another notice Monday urging the court to take up her lawsuit and determine if the state's constitution protects the right to abortion.

Whitmer sent the notice asking the court to "immediately consider" her lawsuit because some county prosecutors and health providers have misunderstood the current legal status of abortion in Michigan.

"Right now, abortion remains safe and legal in Michigan because of a court order temporarily blocking enforcement of the state’s 1931 abortion ban," Gov. Whitmer said. "But in the wake of the decision in Dobbs overturning Roe, certain county prosecutors and health providers have expressed confusion about the current legal status of abortion in Michigan."

The U.S. Supreme Court threw out Roe v. Wade on Friday, triggering Michigan's 1931 abortion ban law. However, a state judge temporarily suspended the law, prohibiting its immediate enforcement.

But that can change at any moment since the law has been challenged by numerous groups, including state Republicans.

"This only underscores the need for the Michigan Supreme Court to act now, which is why I sent a notice to the court urging them to immediately take up my lawsuit and decide if access to abortion is protected under the Michigan Constitution," Whitmer said. "Getting this done will put an end to any confusion and ensure that Michiganders, health providers, and prosecutors understand the law."

The lawsuit asks the Michigan Supreme Court to recognize abortion rights in the state's constitution under provisions that include bodily integrity. She also asked the court to throw out the 1931 law banning abortion.

Planned Parenthood challenged the law and Michigan Court of Claims Judge Elizabeth Gleicher issued an injunction, arguing that abortion rights are protected in the state's constitution under provisions that protect bodily integrity.

Moreover, Gleicher determined that without an injunction, plaintiffs and their patients "face a serious danger of irreparable harm if prevented from accessing abortion services."

With the injunction in place, Michigan Attorney General Dana Nessel provided clarity and told abortion doctors to move forward with appointments.

"As it currently stands, providing abortion care in Michigan cannot be prosecuted, and I encourage those with appointments to move forward as scheduled and consult with their doctors," Nessel said. "Despite the Supreme Court’s ruling last week, I remain committed to ensuring a woman’s right to choose and will continue to fight against every attempt to limit access to care. This includes ensuring Michiganders are properly informed regarding the current state court battle that is far from over."