Whitmer again asks Michigan Supreme Court to protect legal abortion

Democratic Gov. Gretchen Whitmer on Wednesday evening once more urged the Michigan Supreme Court to review a lawsuit she filed in April, asking the Court to determine if the state Constitution protects abortion. 

There have been several court actions this week.

On Monday morning, the Michigan Court of Appeals ruled that a temporary injunction barring enforcement of Michigan’s 1931 abortion ban did not apply to county prosecutors. Whitmer obtained a temporary restraining order later that day, barring certain county prosecutors from taking action against doctors and nurses providing abortion care in their counties. 

Whitmer makes the case in her most recent filing that the Supreme Court must step in amid legal confusion.

“Monday’s fire drill is yet another example of why the Michigan Supreme Court must act. A legal patchwork that changes day to day, county to county is untenable. We need certainty that access to abortion is constitutionally protected in Michigan. Every day we delay, health care providers will question if they are able to provide care safely, or if their work will lead to prosecution and possible jail time,” Whitmer said.

Whitmer also filed a brief with the Supreme Court asking justices to extend the temporary injunction against enforcing the state’s abortion ban. 

The injunction was issued by the Michigan Court of Claims in May, when it ruled the ban likely violates the due process clause in the state Constitution. 

“The statewide injunction must remain in place until the Michigan Supreme Court can determine the constitutionality of abortion in Michigan,” Whitmer said.