Governor Whitmer, Attorney General Nessel Release Statements on 1931 Abortion Law Injunction

Governor Gretchen Whitmer and Michigan Attorney General Dana Nessel released statements Tuesday after a judge granted a preliminary injunction in a lawsuit brought up by Planned Parenthood against the state’s 1931 abortion law.

In a statement, Governor Whitmer said:

“Today marks an important victory for Michiganders,” said Governor Whitmer. “The opinion from the Michigan Court of Claims is clear and sends the message that Michigan’s 1931 law banning abortion, even in cases of rape or incest, should not go into effect even if Roe is overturned. It will help ensure that Michigan remains a place where women have freedom and control over their own bodies.

“But our work is not over. I want every Michigander to know: no matter what happens in DC, I’m going to fight like hell to protect access to safe, legal abortion in Michigan. That’s why last month, I filed a lawsuit and used my executive authority to urge the Michigan Supreme Court to immediately resolve whether Michigan’s state constitution protects the right to abortion once and for all. While today’s preliminary injunction offers immediate, critical relief, we need the Michigan Supreme Court to weigh in and establish the right to abortion under our state constitution. We must protect the rights of nearly 2.2 million women in Michigan to make decisions about their bodies because, however we personally feel about abortion, a woman’s health, not politics, should drive important medical decisions.”

The state’s law criminalizing abortion without exceptions for rape or incest was enacted in 1931.

Michigan Attorney General Dana Nessel also issued a statement following Tuesday’s court decision:

“This injunction is a victory for the millions of Michigan women fighting for their rights. The judge acted quickly in the interest of bodily integrity and personal freedom to preserve this important right and found a likelihood of success in the state law being found unconstitutional. I have no plans to appeal and will comply with the order to provide notice to all state and local officials under my supervision.”